114-22EX Herford, Town of

Permit 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 [phone].
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 [phone], Ext. 526 or [phone] 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 [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal water level.
NOTE: An express permit application processing fee of $2,000 was received by the Department of
Environmental Quality for this project.