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HomeMy WebLinkAbout114-22 Town of HertfordPermit Class EXPRESS STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Town of Hertford, PO Box 32 Hertford NC 27944 Permit Number 114-22 Authorizing development in Perquimans County at adj. to the Perquimans River at Missing Mill Park, 305 West Grubb Street_ Hertford, as requested in the permittee's application dated 8/29/22, including attached workplan drawings (3), Sheets 1-3 all dated 8/29/22. This permit, issued on October 21, 2022 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. In -Water Work Moratorium 1) In order to reduce the potential for negative effects on the spawning migration of fish, no in -water work shall be permitted between February 15 and June 30 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. Relocation of the S-Bridge Span 2) This permit authorizes only the bridge span, associated pilings and accessway located in or over the water that are expressly and specifically set forth in the permit application and attached plans. No other structure, whether floating or stationary, shall become a permanent part of this facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. (See attached sheets for additional conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on October 21, 2027 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. r Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. k (4e� U. Si nature of Permittee Town of Hertford ADDITIONAL CONDITIONS Permit No.114-22 Page 2 of 3 3) No portion of the authorized bridge structure shall extend more than one quarter of the width of the water body. Measurements to determine width of the water body shall be made from the normal water line or the waterward edge of any coastal wetland vegetation which borders the water body, whichever is more restrictive. 4) Any portion of the permitted access pier built over non -coastal wetlands shall not exceed eight feet in width and shall be elevated a minimum of 8.5 feet above the wetland substrate as measured from the bottom of the decking. 5) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 6) This permit does not authorize any formalized boat slips. 7) 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. 8) The authorized structure and associated activity shall not cause an unacceptable interference with navigation and shall not exceed the dimensions shown on the attached permit drawings. Upland Development 9) This permit authorizes the land disturbing activities, as depicted in the attached permit application, project narrative, and workplan drawings. Any other work or development proposed in an Area of Environmental Concern (AEC), including but not limited to the Coastal and Estuarine Shoreline AECs and located within the applicant's property, shall require a review and authorization from the Division of Coastal Management prior to work commencing. USACE Conditions 10) 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. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910-3282 at least two weeks prior to beginning work and upon completion of work. ' Town of Hertford ADDITIONAL CONDITIONS Permit No. 114-22 Page 3 of 3 11) If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. General 12) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 13) The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 14) No open water areas or wetland areas shall be excavated or filled, even temporarily. 15) 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. 16) All construction debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and disposed of in an approved upland location. 17) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2022-02116). NOTE: The N.C. Division of Water Resources assigned the project DWR Project No.19980834V2. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 264-3901 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal water level. NOTE: An express permit application processing fee of $2,000 was received by the Department of Environmental Quality for this project. From: Tankard, Robert To: hertfordmanaaer(a)"amail.com; Steve Trowell; Williams. Paul C Cc: Renaldi. Ronald; Bodnar, Greaa; Raleigh W SAW Bland; Stewart, Glenn A Subject: MISSING MILL PARK IMPROVEMENTS (S-BRIDGE RELOCATION); DWR PROJECT #19980834 V2 Date: Wednesday, December 7, 2022 8:45:03 AM Attachments: imaae001.Dng GC4501.odf Please find attached the documentation indicating that your project is authorized under North Carolina Division of Water Resources General Certification 4501, with the DWR Project Number being 19980834 version 2. Thanks again for your patience, and if you have any other questions, please let me know how I can be of help. The General Certification 4501 can also be found at Web Access URL: https://edocs.deq.nc.gov/Laserfiche/index.aspx?db=WaterResources#id=2152988 Robert Tankard Assistant Regional Supervisor Division of Water Resources North Carolina Department of Environmental Quality Office: (252) 948-3921 1 Cell: (252) 402-5694 Robert.tankard&ncdenr.gov 0 DocuSign Envelope ID: 7AB8F9AE-0944-472F-9939-465216A3F5A9 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES WATER QUALITY GENERAL CERTIFICATION NO. 4501 GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS PROGRAMMATIC GENERAL PERMIT NUMBER 198000291 (NC COASTAL AREA MANAGEMENT ACT) Water Quality General Certification Number 4501 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Regulations in 15A NCAC 02H .0500 and 15A NCAC 02B .0200 for the discharge of fill material to surface waters and wetland areas as described in the US Army Corps of Engineers Wilmington District's Programmatic General Permit 198000291. The State of North Carolina certifies that the specified category of activity will comply with water quality requirements and applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth. Effective date: January 3, 2022 Signed this day: October 28, 2021 Docu Signed by: 9 r4�fof SFB19B649DD2478... for S. Daniel Smith Director DocuSign Envelope ID: 7AB8F9AE-0944-472F-9939-465216A3F5A9 GC4501 GENERAL CERTIFICATION COVERAGE: Activities that are eligible for US Army Corps of Engineers Wilmington District's Programmatic General Permit 198000291 qualify for coverage under this General Certification unless they meet one of the thresholds listed below. Activities meeting any one (1) of the thresholds or circumstances listed below are not eligible for coverage under this General Certification and require an Individual401 Water Quality Certification from the Division of Water Resources (DWR): a) If any of the conditions of this General Certification cannot be met; or b) Activities authorized by CAMA Major Development Permits, except: i. Boat Ramps and associated access (i.e. roads and parking lots) that involve the excavation or filling of less than 500 square feet total of wetland and open water area, with the exception that the excavation or filling of coastal wetlands (as defined in 15A NCAC 07H .0205) shall not exceed 100 square feet; ii. Shoreline protection measures (excluding living shorelines/marsh sills) that (1) tie into existing bulkheads, land, or other shoreline protection measures or (2) do not extend waterward of the normal high water or normal water line more than 10 feet, provided the activity will not involve the excavation or filling of any Submerged Aquatic Vegetation (SAV) or significant shellfish resources (as identified by the Division of Marine Fisheries) and impacts less than 500 square feet total of wetland, with the exception that the excavation or filling of coastal wetlands (as defined in 15A NCAC 07H .0205) shall not exceed 100 square feet; iii. Living shorelines/marsh sills where (1) the landward edge of the sill does not extend waterward of the normal high water or normal water line more than 30 feet or five feet waterward of the existing wetlands whichever distance is greater, (2) the activity will not involve the excavation or fill of any Submerged Aquatic Vegetation (SAV) or significant shellfish resources (as identified by the Division of Marine Fisheries), and (3) does not result in any fill landward of the toe of the sill alignment, provided the Division of Coastal Management representative submits a copy of the written authorization for the General Permit to the Division upon issuance; or iv. Piers and docks designed to accommodate up to but not exceeding 10 vessels (except where prohibited in Outstanding Resource Waters (ORW) as defined in 15A NCAC 02B. 0225(7) & (8)) and where the water depth is equal to or greater than two feet of water at normal low water level or normal water level (whichever is applicable); V. Maintenance dredging of less than 0.5 acres of open water or non -vegetated wetlands, provided that the applicant can provide documentation showing the historic dimensions of the dredged channel, and no SAV or shellfish beds are excavated or filled; vi. Projects that involve only shading of waters or wetlands that do not meet the criteria listed in item (iv) above; Page 2 of 15 DocuSign Envelope ID: 7AB8F9AE-0944-472F-9939-465216A3F5A9 GC4501 vii. Utility lines, except wastewater lines and potable water discharge lines which are subject to an NPDES Permit, as long as all impacts are temporary; viii. Upland development which involves no more than 1/10 of an acre of excavation or filling of non -coastal wetlands, with the exception that no more than 2,000 square feet of the non -coastal excavation or filling may take place within a Coastal Shoreline Area of Environmental Concern (AEC). For the purposes of this area calculation, the excavation or filling impacts of the entire project shall be considered, which may include boat ramps, bulkheads or other shoreline stabilization measures; and ix. Single family home construction that results in fill of wetlands; or c) Any stream relocation or stream restoration; or d) Any high -density project, as defined in 15A NCAC 02H .1003(3) and by the density thresholds specified in 15A NCAC 02H .1017, which: i. Disturbs one acre or more of land (including a project that disturbs less than one acre of land that is part of a larger common plan of development or sale); and ii. Has permanent wetland, stream or open water impacts; and iii. Is proposing new built -upon area; and iv. Does not have a stormwater management plan reviewed and approved under a state stormwater program' or a state -approved local government stormwater prograM2. Projects that have vested rights, exemptions, or other legacy rights or exemptions from state or locally -implemented stormwater programs and projects that satisfy state or locally -implemented stormwater programs through use of community in -lieu fee programs require an Individual 401 Certification; or e) Any impacts to SAV or significant shellfish resources as identified by the (DMF); or f) Any permanent impacts to Unique Wetlands (UWL) [15A NCAC 02B .0231]; or g) Any impacts to subject water bodies and/or state regulated riparian buffers along subject water bodies in the Neuse, Tar -Pamlico, or Catawba River Basins or in the Randleman Lake, Jordan Lake or Goose Creek Watersheds (or any other basin or watershed with State Regulated Riparian Area Protection Rules in Chapter 2B of Title 15A in the North Carolina Administrative Code in effect at the time of application) unless: i. The activities are listed as "EXEMPT" or "DEEMED ALLOWABLE" from these rules; or ii. A Buffer Authorization Certificate is issued by the NC Division of Coastal Management (DCM); or iii. A Buffer Authorization Certificate, Certificate with Exception, or Minor Variance is issued by a delegated or designated local government implementing a state riparian buffer program pursuant to 143-214.23. 1 e.g. Coastal Counties, HQW, ORW, or state -implemented Phase II NPDES z e.g. Delegated Phase II NPDES, Water Supply Watershed, Nutrient -Sensitive Waters, or Universal Stormwater Management Program Page 3 of 15 DocuSign Envelope ID: 7AB8F9AE-0944-472F-9939-465216A3F5A9 GC45O1 In accordance with 15A NCAC 02H .0503(f), the Director of the North Carolina Division of Water Resources may require submission of a formal application for Individual Certification for any project if it is deemed in the public's best interest or determined that the project is likely to have a significant adverse effect upon water quality, including state or federally listed endangered or threatened aquatic species, or will degrade the waters so that existing uses of the waters or downstream waters are precluded. This General Certification does not relieve the permittee of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer regulations. This General Certification neither grants nor affirms any property right, license, or privilege in any waters, or any right of use in any waters. This General Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any prescriptive right or any right of priority regarding any usage of water. This General Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this General Certification to possess any prescriptive or other right of priority with respect to any other consumptive user regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or expanded. Upon the presentation of proper credentials, DWR may inspect the property. This General Certification shall expire on the same day as the expiration date of the corresponding Nationwide Permit. The conditions in effect on the date of issuance of Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration date of this General Certification. This General Certification is rescinded when the US Army Corps of Engineers reauthorizes the corresponding Nationwide Permit or when deemed appropriate by the Director of the Division of Water Resources. Non-compliance with or violation of the conditions herein set forth by a specific project may result in revocation of this General Certification for the project and may also result in criminal and/or civil penalties. I. ACTIVITY SPECIFIC CONDITIONS: 1. The effluent water from the dredge spoil shall not be released into open shellfish waters unless Shellfish Sanitation and the DWR Washington (252-946-6481) or Wilmington (910-796- 7215) Regional Office, as applicable, are notified and provide approval prior to the release. Citation: 15A NCAC 028.0221 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity, wildlife, primary contact recreation, Page 4 of 15 DocuSign Envelope ID: 7AB8F9AE-0944-472F-9939-465216A3F5A9 GC4501 agriculture, and shellfishing for market purposes); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 2. If this Water Quality Certification is used to access residential, commercial or industrial building sites, then all parcels owned by the permittee that are part of the single and complete project authorized by this Certification must be buildable without additional impacts to streams or wetlands. Citation: 15A NCAC 02H .0502(a);15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state"s antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 3. For road construction purposes, this Certification shall only be utilized from natural high ground to natural high ground. Citation: 15A NCAC 02H .0502(a);15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 4. Deed notifications or similar mechanisms shall be placed on all lots/parcels with retained jurisdictional wetlands, waters, and state regulated riparian buffers within the project boundaries in order to assure compliance with NC Water Quality Certification Rules (15A NCAC 02H .0500), NC Isolated Wetland Rules (15A NCAC 02H .1300), Non -Jurisdictional Wetland Rules (15A NCAC 02H .1400), and/or State Regulated Riparian Buffer Rules in Chapter 2B of Title 15A in the North Carolina Administrative Code. These mechanisms shall be put in place at the time of recording of the property or individual parcels, whichever is appropriate. Citation: 15A NCAC 02H .0502(a); 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 5. For living shorelines, the sills shall have at least one five-foot opening every 100 feet and may be staggered or overlapped or left open as long as the five-foot separation between sections Page 5 of 15 DocuSign Envelope ID: 7AB8F9AE-0944-472F-9939-465216A3F5A9 GC4501 is maintained. Overlapping sections shall not overlap more than 10 feet. Citation: 15A NCAC 02H .0506(b)(1) and (3); 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses (including aquatic life propagation, survival, and maintenance of biological integrity) provided for in state rule and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 6. For living shorelines, the permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation and turbidity within waters and wetlands outside the permitted area. This shall include, but is not limited to, the immediate installation of silt fencing, turbidity curtains or similar appropriate devices around all areas subject to soil disturbance. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act and the Mining Act of 1971. Citation: 15A NCAC 02H .0506(b)(1) and (3); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses (including aquatic life propagation, survival, and maintenance of biological integrity) provided for in state rule and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. II. GENERAL CONDITIONS: 1. The permittee shall report to the appropriate DWR Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Timely reporting of non-compliance is important in identifying and minimizing detrimental impacts to water quality and avoiding impacts due to water pollution that precludes any best use on a short-term or long-term basis. 2. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the impacts (including temporary impacts); or beyond the thresholds established for use of this General Certification and Programmatic General Permit. Citation: 15A NCAC 02H .0506, 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Page 6 of 15 DocuSign Envelope ID: 7AB8F9AE-0944-472F-9939-465216A3F5A9 GC4501 3. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in Chapter 2B of Title 15A in the North Carolina Administrative Code. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: The referenced Riparian Buffer rules were adopted to address water quality impairments and further protect existing uses. 4. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North Caroline Department of Transportation Sediment and Erosion Control Manual. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor -owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and implementation shall comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-I, WS-II, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the sedimentation and erosion control designs shall comply with the requirements set forth in 15A NCAC 04B .0124, Design Standards in Sensitive Watersheds. Citation: 15A NCAC 02H .0506(b)(2); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (2) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses, and (12) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters, for lakes and reservoirs not Page 7 of 15 DocuSign Envelope ID: 7AB8F9AE-0944-472F-9939-465216A3F5A9 GC4501 designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 5. Sediment and erosion control measures shall not be installed in wetland or waters except within the footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed within authorized impact areas, then placement of such measures shall not be conducted in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any silt fence installed within wetlands shall be removed from wetlands and the natural grade restored within two (2) months of the date that DEMLR or locally delegated program has released the specific area within the project to ensure wetland standards are maintained upon completion of the project. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 028.0200; 15A NCAC 028.0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (2) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses; and (12) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 6. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses (including aquatic life propagation and biological integrity), and the water quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses during and after project completion. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. Page 8 of 15 DocuSign Envelope ID: 7AB8F9AE-0944-472F-9939-465216A3F5A9 GC45O1 7. If the project is covered by NPDES Construction Stormwater Permit Number NCGO10000 or NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self -monitoring, record keeping and reporting requirements is required. The North Carolina Department of Transportation (NCDOT) shall be required to be in full compliance with the conditions related to construction activities within the most recent version of their Individual NPDES Stormwater Permit Number NCS000250. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (2) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses, and (12) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 8. All work in or adjacent to streams shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC Department of Transportation Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c); 15A NCAC 02B .0200 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (2) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses, and (12) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these Page 9 of 15 DocuSign Envelope ID: 7AB8F9AE-0944-472F-9939-465216A3F5A9 GC4501 levels due to natural background conditions, the existing turbidity level shall not be increased. 9. If activities must occur during periods of high biological activity (e.g. sea turtle nesting, fish spawning, or bird nesting), then biological monitoring may be required at the request of other state or federal agencies and coordinated with these activities. All moratoriums on construction activities established by the NC Wildlife Resources Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries (DMF), or National Marine Fisheries Service (NMFS) shall be implemented. Exceptions to this condition require written approval by the resource agency responsible for the given moratorium. Work within a designated trout watershed of North Carolina (as identified by the Wilmington District of the US Army Corps of Engineers), or identified state or federal endangered or threatened species habitat, shall be coordinated with the appropriate WRC, USFWS, NMFS, and/or DMF personnel. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 048.0125 Justification: In order to protect against impairment of water quality standards and best usage of receiving and downstream waters, water quality based management practices must be employed to protect against direct or indirect discharge of waste or other sources of water pollution. Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity, wildlife, secondary contact recreation, agriculture), and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 10. In -stream structures installed to mimic natural channel geomorphology such as cross -vanes, sills, step -pool structures, etc. shall be designed and installed in such a manner that allow for continued aquatic life movement. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that in -stream structures are installed properly will ensure that surface water quality standards are met and conditions of waters are suitable for all best uses. 11. Culverts shall be designed and installed in such a manner that the original stream profiles are not altered and allow for aquatic life movement during low flows. The dimension, pattern, and profile of the stream above and below a pipe or culvert shall not be modified by widening the stream channel or by reducing the depth of the stream in connection with the construction activity. The width, height, and gradient of a proposed culvert shall be such as to pass the average historical low flow and spring flow without adversely altering flow velocity. If the width of the culvert is wider than the stream channel, the culvert shall Page 10 of 15 DocuSign Envelope ID: 7AB8F9AE-0944-472F-9939-465216A3F5A9 GC4501 include multiple boxes/pipes, baffles, benches and/or sills to maintain the natural width of the stream channel. If multiple culverts/pipes/barrels are used, low flows shall be accommodated in one culvert/pipe and additional culverts/pipes shall be installed such that they receive only flows above bankfull. Placement of culverts and other structures in streams shall be below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water and aquatic life. If the culvert outlet is submerged within a pool or scour hole and designed to provide for aquatic passage, then culvert burial into the streambed is not required. For structures less than 72" in diameter/width and in area where topographic constraints dictate culvert slopes will be greater than 2.5%, culvert burial is not required, provided that all alternative options for flattening the slope have been investigated and aquatic life movement/connectivity has been provided when possible (e.g. rock ladders, cross -vanes, sills, baffles etc.). Notification, including supporting documentation to include a location map of the culvert, culvert profile drawings, and slope calculations, shall be provided to DWR 30 calendar days prior to the installation of the culvert. When bedrock is present in culvert locations, culvert burial is not required, provided that there is sufficient documentation of the presence of bedrock. Notification, including supporting documentation such as a location map of the culvert, geotechnical reports, photographs, etc. shall be provided to DWR a minimum of 30 calendar days prior to the installation of the culvert. If bedrock is discovered during construction, then DWR shall be notified by phone or email within 24 hours of discovery. Installation of culverts in wetlands shall ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. When roadways, causeways, or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges shall be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in destabilization of streams or wetlands. The establishment of native woody vegetation and other soft stream bank stabilization techniques shall be used where practicable instead of rip -rap or other bank hardening methods. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that in -stream structures are installed properly will ensure that surface water quality standards are met and conditions of waters are suitable for all best uses. Page 11 of 15 DocuSign Envelope ID: 7AB8F9AE-0944-472F-9939-465216A3F5A9 GC4501 12. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge and pre-treated through site -appropriate means to the maximum extent practicable (e.g. grassed swales, pre -formed scour holes, vegetated buffers, etc.) before entering the stream. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that in -stream structures are installed properly will ensure that surface water quality standards are met and conditions of waters are suitable for all best uses. 13. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of contact between the fertilizer and surface waters. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (2) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses. 14. If concrete is used during construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (2) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses. 15. All proposed and approved temporary fill and culverts shall be removed and the impacted area shall be returned to natural conditions within 60 calendar days after the temporary impact is no longer necessary. The impacted areas shall be restored to original grade, including each stream's original cross -sectional dimensions, planform pattern, and longitudinal bed profile. All temporarily impacted sites shall be restored and stabilized with native vegetation. Page 12 of 15 DocuSign Envelope ID: 7AB8F9AE-0944-472F-9939-465216A3F5A9 GC4501 Citation: 15A NCAC 02H. 0506(b); 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses after project completion. 16. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams shall be installed as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual or the North Carolina Department of Transportation Best Management Practices for Construction and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use of this General Certification. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that in -stream structures are installed properly will ensure that surface water quality standards are met and conditions of waters are suitable for all best uses. 17. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All rip -rap shall be placed such that the original streambed elevation and streambank contours are restored and maintained and shall consist of clean rock or masonry material free of debris or toxic pollutants. Placement of rip -rap or other approved materials shall not result in de -stabilization of the stream bed or banks upstream or downstream of the area or be installed in a manner that precludes aquatic life passage. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 18. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent movement by wave, current action, or stream flows, and shall consist of clean rock or masonry material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except in specific areas required for velocity control and to ensure structural integrity of bank stabilization measures. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c), 15A NCAC 02B .0201 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if Page 13 of 15 DocuSign Envelope ID: 7AB8F9AE-0944-472F-9939-465216A3F5A9 GC4501 the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 19. Rip -rap groins proposed in accordance with 15A NCAC 07H .1401 (NC Division of Coastal Management General Permit for construction of Groins in Estuarine and Public Trust Waters and Ocean Hazard Areas) shall meet all the specific conditions for design and construction specified in 15A NCAC 07H .1405. Citation: 15A NCAC 02H .0507(c); 15A NCAC 07H .1400 et seq. Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 20. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (2) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses. 21. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to minimize soil disturbance and compaction. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0231 Justification: Wetland standards require maintenance or enhancement of existing uses of wetlands such that hydrologic conditions necessary to support natural biological and physical characteristics are protected, populations of wetland flora and fauna are maintained to protect biological integrity of the wetland; and materials or substances are not present in amounts that may cause adverse impact on existing wetland uses. 22. In accordance with G.S 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours. Citation: 15A NCAC 02H .0507(c); N.C.G.S 143-215.85(b) Page 14 of 15 DocuSign Envelope ID: 7AB8F9AE-0944-472F-9939-465216A3F5A9 GC4501 Justification: Person(s) owning or having control over oil or other substances upon notice of discharge must immediately notify the Department, or any of its agents or employees, of the nature, location, and time of the discharge and of the measures which are being taken or are proposed to be taken to contain and remove the discharge. This action is required in order to contain or divert the substances to prevent entry into the surface waters. Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 23. The permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 24. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this General Certification. A copy of this General Certification shall be available at the project site during the construction and maintenance of this project. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: Those actually performing the work should be aware of the requirements of this 401 Water Quality General Certification to minimize water quality impacts. History Note: Water Quality Certification (WQC) Number 4501 issued October 28, 2021 replaces WQC 4175 issued February 1, 2019; WQC 4175 issued December 14, 2018; WQC 4144 issued December 1, 2017; WQC 4097 issued March 6, 2017; WQC 3900 issued March 19, 2012; WQC 3641 and 3642 issued March 19, 2007; WQC 3371 and 3400 issued March 18, 2002; WQC 3274 issued June 1, 2000; WQC 3112 issued February 11, 1997; and WQC 3025 issued September 6, 1995. Page 15 of 15 September 29, 2022 MEMORANDUM FROM: SUBJECT: APPLICANT: PROJECT LOCATION: PROPOSED PROJECT: Ronald Renaldi NCDEQ- Division of Coastal Management 401 S. Griffin St., Ste 300 Elizabeth City, NC 27909 Ronald.Renaldi@ncdenr.gov Major Express Permit Application Review Town of Hertford — Missing Mill Park Improvements (S-Bridge relocation) 305 West Grubb Street, Hertford, Perquimans County Proposal to remove the existing public pier and platform at Missing Mill Park, install a bent system within the adjacent waterbody to support the relocation of the S-bridge swing span, and then construct a wooden ADA access ramp to the bridge. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Ron Renaldi at the address above by October 13, 2022 (14 days). If you have any questions regarding the proposed project, contact Ron Renaldi (252) 264-3901 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME: AGENCY: State Property Office DATE: October 24, 2022 ER 22-2404 Due: 10/10/2022 September 29, 2022 MEMORANDUM FROM: Ronald Renaldi NCDEQ - Division of Coastal Management 401 S. Griffin St., Ste 300 Elizabeth City, NC 27909 Ronald.RenaIdi@ncdenr.gov SUBJECT: Major Express Permit Application Review APPLICANT: Town of Hertford — Missing Mill Park Improvements (S-Bridge relocation) PROJECT LOCATION: 305 West Grubb Street, Hertford, Perquimans County PROPOSED PROJECT: Proposal to remove the existing public pier and platform at Missing Mill Park, install a bent system within the adjacent waterbody to support the relocation of the S-bridge swing span, and then construct a wooden ADA access ramp to the bridge. Please indicate below your agency's position or viewpoint on the proposed project and return thisform to Ron Renaldi at the address above by October 13, 2022 (14 days). If you have any questions regarding the proposed project, contact Ron Renaldi (252) 264-3901 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME: Renee Gledhill -Earl AGENCY: State Historic Preservation Office SIGNATURE: DATE: October 21, 2022 Montalvo, Sheri A From: laserfiche@ncdenr.gov Sent: Thursday, October 20, 2022 11:02 AM To: Dunn, Maria T. Subject: Project Notification for ID 19980834 Ver 2 for Missing Mill Park Improvements The North Carolina Division of Water Resources has received application or request that you submitted on 10/20/2022 7:26 AM for Missing Mill Park Improvements. The ID number for that project is 19980834, Version 2. Reviewer Contact Information: Robert Tankard - robert.tankard@ncdenr.gov Washington Regional Office - (252) 946-6481 If you have questions, please contact Sheri Montalvo at sheri.montalvo@ncdenr.gov. Project file link: https://edocs.deq.nc.gov/WaterResources/Browse.aspx?dbid=0&startid=2513008 If this permit application was submitted outside of standard business hours, it will be considered to have been received on the next business day. This email was automatically generated by Laserfiche workflow. Please do not respond to this email address, as responses aren't monitored. September 29, 2022 MEMORANDUM FROM: Ronald Renaldi NCDEQ - Division of Coastal Management 401 S. Griffin St., Ste 300 Elizabeth City, NC 27909 Ronald.Renaldi@ncdenr.gov SUBJECT: Major Express Permit Application Review APPLICANT: Town of Hertford — Missing Mill Park Improvements (S-Bridge relocation) PROJECT LOCATION: 305 West Grubb Street, Hertford, Perquimans County PROPOSED PROJECT: Proposal to remove the existing public pier and platform at Missing Mill Park, install a bent system within the adjacent waterbody to support the relocation of the S-bridge swing span, and then construct a wooden ADA access ramp to the bridge. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Ron Renaldi at the address above by October 13, 2022 (14 days). If you have any questions regarding the proposed project, contact Ron Renaldi (252) 264-3901 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. XThis agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME: James Harrison AGENCY: NCDM F SIGNATURE: 7Gi;.(i7 ak Har{^(r�U-V(i ti DATE: 24 October 2022 Adhere to 15 February through 30 June moratorium for all in -water work, as was a permit condition in Permit No. 47-19 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director MEMORANDUM NORTH CAROLINA Environmental Quality TO: Ron Renaldi, Northeastern District Manager Division of Coastal Management FROM: Charlan Owen ICP, NE District Planner Division of Coa tal Management SUBJECT: Missing Mill Park — Grant Contract Conditions Determination DATE: October 19, 2022 Overview: Missing Mill Park is a 5 acre park in the Town of Hertford with approximately 760 linear feet of shoreline along the Perquimans River. The park consists of four (4) lots addressed as 300, 305, 220, and 218 West Grubb Street. The Town began upgrading Missing Mill Park in the early 1980's with development of a picnic shelter and restroom facilities, parking with handicapped access to the shelter, and sidewalks leading to the waterfront T-pier at 300 and 305 W Grubb Street. Beginning in 1992, funding from the Division of Coastal Management's Public Beach and Coastal Waterfront Access Grant Program was used for land acquisition and site improvements at the park. In October 1993, DCM closed contract BA92-005 for acquisition of 218 and 220 West Grubb Street. In December 1995, DCM closed out contract BA94-003 for parking, concrete walkways, landscaping, benches and litter receptacles at 305 and 220 West Grubb Street. In February 1999, DCM closed out contract BA97-003 for a rebuild of the covered pier and sidewalk improvements at 218 West Grubb Street and BA98-005 for riprap along the shorelines at 300, 305 and 218 West Grubb Street. Most recently, in August 2009, DCM closed out Contract No. 1784 that included a twin floating kayak dock installed at 218 West Grubb Street. The Town has submitted a Major Express Permit request to modify the sites at 300 and 305 West Grubb Street that are covered under contracts BA94-003 and BA98-005. Project conditions in both contracts include the following: "Future improvements, modifications, or changes to the project site will be subject to full review and approval by the DEPARTMENT. This will include any changes which require permits or any modifications (reductions or additions) to recreational amenities. Unapproved changes to the project site may not be allowed and will be cause for the DEPARTMENT to seek repayment of previously committed/granted funds for site acquisition and improvements." D ��� North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 NORTH CAFOLI*vi �� �epanmmn o� im�mew 0.1 ry 252,264.3901 North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 2 of 2 The Town intends to remove the waterfront T-pier and replace it with the former `S' bridge trestle swing span and to cross over an existing concrete walkway with a wooden ADA accessible ramp that will extend from the bridge deck to existing concrete walkway. The pier and platform to be removed and the concrete walkway to be crossed over existed prior to the Town receiving grant funding from the access grant program and no access grant program funding has been used to rehabilitate these improvements. The former `S' bridge span will be used as a public pier for observation and fishing. Determination: Replacement of the wooden pier and platform with the metal span and ADA accessible ramp will result in expanded and upgraded access on the Perquimans River at Missing Mill Park. As it relates to the grant contract condition, the modification submitted under the Major Express Permit Application is approved. �LIIIAAI- North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 NORTH C B. rb_t m enwm .: Q .ny 252,264.3901 From: Gupton, Sharon To: Renaldi. Ronald Subject: Town of Hertford - Missing Mill Park Improvements - Comment Sheet Date: Thursday, October 13, 2022 10:12:32 AM Attachments: Town of Hertford - Missina Mill Park Imorovement.Ddf imaae001.Dna H[.T •�7'Ti= Sharon Gupton Administrative Specialist Shellfish Sanitation & Recreational Water Quality Section Division of Marine Fisheries North Carolina Department of Environmental Quality Office: (252) 808-8118 1 (252) 726-6827 sharon.guotonPncdenr.gov September 29, 2022 MEMORANDUM FROM: Ronald Renaldi NCDEQ - Division of Coastal Management 401 S. Griffin St., Ste 300 Elizabeth City, NC 27909 Ronald.Renaldi@ncdenr.gov SUBJECT: Major Express Permit Application Review APPLICANT: Town of Hertford — Missing Mill Park Improvements (S-Bridge relocation) PROJECT LOCATION: 305 West Grubb Street, Hertford, Perquimans County PROPOSED PROJECT: Proposal to remove the existing public pier and platform at Missing Mill Park, install a bent system within the adjacent waterbody to support the relocation of the S-bridge swing span, and then construct a wooden ADA access ramp to the bridge. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Ron Renaldi at the address above by October 13, 2022 (14 days). If you have any questions regarding the proposed project, contact Ron Renaldi (252) 264-3901 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. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME: Christa Sanderford AGENCY: NCDMF - Shellfish Sanitation and Recreational Water Quality SIGNATURE: for Shannon Jenkins DATE: 10/13/2022 September 29, 2022 MEMORANDUM FROM: SUBJECT: APPLICANT: PROJECT LOCATION: Ronald Renaldi NCDEQ- Division of Coastal Management 401 S. Griffin St., Ste 300 Elizabeth City, NC 27909 Ronald.Renaldifancdenr eov Major Express Permit Application Review Town of Hertford — Missing Mill Park Improvements (S-Bridge relocation) 305 West Grubb Street, Hertford, Perquimans County PROPOSED PROJECT: Proposal to remove the existing public pier and platform at Missing Mill Park, install a bent system within the adjacent waterbody to support the relocation of the S-bridge swing span, and then construct a wooden ADA access ramp to the bridge. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Ron Renaidi at the address above by October13 2021 14 da s . If you have any questions regarding the proposed project, contact Ron Renaldi (252) 264-3901 when appropriate, in-depth comments with supporting data is requested. REPLY: YThis agency has no objection to the project as proposed. "Additional comments may be attached" _This agency has no comment on the proposed project. _This agency approves of the project only if the recommended changes are incorporated. See attached. _This agency objects to the project for reasons described in the attached comments. PRINT NAME: R, AGENCY: L IZ SIGNATURE: DATE: t o / 1 2- /2 Z From: Bodnar, Greaa To: Renaldi, Ronald Subject: FW: CAMA Major Express - Town of Hertford, Missing Mill Park Improvements, Perquimans County Date: Thursday, October 6, 2022 8:33:46 AM Attachments: imaae002.ona image003.pnna Gregg Bodnar (he/him/his) Assistant Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality (252) 515-5416 (NEW OFFICE NUMBER) Gregg.Bodnar0ncdenr.gov Find a Field Rep (arcgis.com) L ul From: Thorpe, Roger <roger.thorpe@ncdenr.gov> Sent: Monday, October 3, 2022 1:41 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: CAMA Major Express - Town of Hertford, Missing Mill Park Improvements, Perquimans County Gregg The subject project will not require a State Stormwater permit. Roger Roger K. Thorpe Environmental Engineer Division of Energy, Mineral, and Land Resources North Carolina Department of Environmental Quality 252-948-3923 office roger.thorpe&ncdenr.gov Washington Regional Office 943 Washington Square Mall Washington, NC 27889 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. �epternber 29, 2022 MEMORANDUM FROM: Ronald Renaldi NCDEQ - Division of Coastal Management 401 S. Griffin St., Ste 300 Elizabeth City, NC 279D9 Ronald.Renaidi(@ncdenr.gov SUBJECT: Major Express Permit Appiiaatian Review APPLICANT: Town of Hertford — Missing Mill Park Improvements (S-Bridge relocation) PROJECT LOCATION: 305 West Grubb Street, Hertford, Perquimans County PROPOSED PROJECT: Proposal to remove the existing public pierand platform at Missing Mill Park, install a bent system within the adjacent waterbodyto support the relocation of the S-bridge swing span, and then construct a wooden ADA access ramp to the bridge. Please indicate below your agency's position or viewpoint on the proposed project andretum thls}orrn to Eton Renoldr at the address above by October 13, 2022 (14 days). If you have any questions regarding the proposed project, contact Ron Renaldi (252) 264-3901 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **AdditionoI comments may be attached ** X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME; Lee Padrick AGENCY: SIGNATURE: NC Commerce r�I DATE-. 9-29-22 September 29, 2022 MEMORANDUM FROM: Ronald Renaldi NCDEQ- Division of Coastal Management 401 S. Griffin St., Ste 300 Elizabeth City, NC 27909 RonaId.Renaldi@ncdenr.gov SUBJECT: Major Express Permit Application Review APPLICANT: I Town of Hertford — Missing Mill Park Improvements (S-Bridge relocation) PROJECT LOCATION: 305 West Grubb Street, Hertford, Perquimans County PROPOSED PROJECT: Proposal to remove the existing public pier and platform at Missing Mill Park, install a bent system within the adjacent waterbody to support the relocation of the S-bridge swing span, and then construct a wooden ADA access ramp to the bridge. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Ron Renaldi at the address above by October 13, 2022 (14 days). If you have any questions regarding the proposed project, contact Ron Renaldi (252) 264-3901 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME: Clif Whitfield AGENCY: Public Water Supply Section SIGNATURE: DATE: 9-29-2022 October 13, 2022 Regulatory Division ORM ID No. SAW 2022-02116 Mr. Jonathan Howell Division of Coastal Management North Carolina Department of Environmental Quality 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Howell: Reference the application of the Town of Hertford for a Department of the Army permit to remove an existing public pier and platform and replace with a bent system and access ramp to support the installation of the S-Bridge, located at 305 W. Grubb Street, in Missing Mill Park, adjacent to the Perquimans River, in the Town of Hertford, Perquimans County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 2. 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. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. 3. 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. 4. 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. 5. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 6. 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. 7. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 8. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 9. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 10. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter I I3A Article 4). 11. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Field Office, Regulatory Division, telephone (910) 251-4564. Sincerely, "-., SP Ws Raleigh Bland, S.P.W.S. Regulatory Project Manager Copies Furnished: N.C. Division of Water Quality, Wetlands Unit 2321 Crabtree Blvd, Parkview Building Raleigh, North Carolina 27604 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Ms. Twyla Cheatwood National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Ron Renaldi, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 US 17 South Elizabeth City, North Carolina 27909 September 29, 2022 MEMORANDUM C 22 I o 03 FROM: Ronald Renaldi NCDEQ - Division of Coastal Management 401 S. Griffin St., Ste 300 Elizabeth City, NC 27909 Ronald. Renaldi ncdenr.�ov SUBJECT: Major Express Permit Application Review APPLICANT: Town of Hertford — Missing Mill Park Improvements (S-Bridge relocation) PROJECT LOCATION: 305 West Grubb Street, Hertford, Perquimans County PROPOSED PROJECT: Proposal to remove the existing public pier and platform at Missing Mill Park, install a bent system within the adjacent waterbody to support the relocation of the S-bridge swing span, and then construct a wooden ADA access ramp to the bridge. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Ron Renaldi at the address above by October13, 2022 (14 days). If you have any questions regarding the proposed project, contact Ron Renaldi (252) 264-3901 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. This agency approves of the project only if the recommended changes are incorporated. See a0aehe+ 6nls,,-J This agency objects to the project for reasons described in the attached comments. PRINT NAME: NA r_y-i�; AGENCY: SIGNATURE: DATE; r r. rncus 4 s1A W n=-� 'v6 I )Usk e s crr Mek ', n `n 4 :1 ` t9 .