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P,=it Class
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STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
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Coastal Resources Commission
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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
122-10
Issued to Gwinn Hedrick, 401 Vandemere Street., Oriental, NC 28571
Authorizing development in_ Pamlico County at Smith Creek, 23 A-G Blackwell Point Loop
Road,1.922 Wilkins Road, Oriental, as requested in the permittee's application dated 6/17/10, including the
attached workplan drawing (2), both dated 11/20/09
This permit, issued on Oct her 28, 2010 , 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.
Upland Development
1 Unless specifically altered herein, this permit authorizes the grading and other land disturbing
activities associated with the development of the above referenced property, including the driveways,
condominiurns, proposed boardwalk, and associated utilities, all as expressly and specifically set
forth in th::? attached permit application and workplan drawings. Any additional land disturbing
activities and/or construction may require a modification of this permit. Contact a Division of
Coastal Management representative at (252) 808-2808 for this determination.
(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. An appeal.requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on-site to Department
personnel when the project is inspected for cotnpliance.
An,,, maintenance work or project modification nr'., covered
hereunder requires further Division approval.
All work must cease when the permit expires oi:
March 5, 2015
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
James H. Gregscn, Director
ivision of Coastal Management
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This permit and its conditions are hereby accented.
1 In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program. Signature of Permittee X
Owinn Hedrick Permit #122-10
Page 2 of 4
A
ADDITIONAL CONDITIONS
Sedimentation and Erosion Control
2) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
3) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, etc.).
4) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of
any phase of grading on cut or filled slopes.
Docking Facility
5) Slip #11 and Slip #12 and the existing mooring (a.k.a Slip #13) off shore (reference "Existing
Conditions" received by the DCM on 7/1/10) shall be removed prior to initiating the permitted
development.
6) In accordance with commitments made by the permittee, and in order to satisfy concerns of the Division
of Marine Fisheries, hand rails or other similar devices shall be installed on the landward side of the "T"
head dock to ensure that no dockage takes place within this area.
7) Unless specifically altered herein, this permit authorizes the dock expansion and the proposed covered
deck 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 docking facility without permit modification. No non-water dependent uses of
structures shall be conducted on, in or over public trust waters without permit modification.
3) All portions of the authorized docking facility, including tie piles, shall have a minimum setback
distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access
corridor to the south, which is determined by drawing a line parallel to the channel, then drawing a line
perpendicular to the channel line that intersects with the shore at the point where the upland property
line meets the water's edge.
9) Should the waterfront lot to the north be sold prior to the initiation of construction of the docking
facility, the permittee shall obtain a written agreement from the new owner(s) agreeing to allow the
construction of the permitted docking facility within 15' of the riparian corridor of that property, and a
copy of the new agreement shall be submitted to the Division of Coastal Management prior to initiating
construction of the docking facility.
10) The authorized covered platform shall not be enclosed. Any material used on the sides shall not obstruct
view and shall be permeable to air and water. Screen or wire on the sides along with benches and knee
walls are permitted. Lattice is specifically excluded from being used under this authorization.
11) The roof of the covered platform shall not be designed for second story use.
Gwinn Hedrick
ADDITIONAL CONDITIONS
Permit #122-10
Page 3 of 4
12) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the 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.
13) 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.
14) 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.
15) 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.
16) 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.
1.7) This permit authorized ten (10) formalized boatslips.
Easement
18) An Easement from the Department of Administration's State Property Office may be required under
N.C.G.S. 146-12(e). The permittee shall contact the State Property Office at 919-807-4650 prior to the
initiation of construction of any structures over state-owned submerged lands to determine if such an
easement will be required. Any required easements shall be obtained, and a copy provided to the
Division of Coastal Management at 400 Commerce Avenue, Morehead City, NC 28557, prior to
construction of any new boat slips or other docking facilities authorized under this permit.
Coastal Wetland Alteration
19) Coastal Wetlands may be cut to a height of no less than six inches, as measured from the Coastal
Wetlands substrate. Alteration of the substrate is not allowed. All cuttings/clipping shall remain in
place as they fall.
General
20) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon
due notice from the Corps of Engineers, to remove, relocate or alter the 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.
Gwinn Hedrick Permit #122-10
Page 4 of 4
ADDITIONAL CONDITIONS
21) 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.
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 N.C. Division of Water Quality has authorized the proposed project under DWQ Project No.
10-0558.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW- SAW-2010-01805, which was issued on 10/28/10.
NOTE: The Pamlico County Water Department should be contacted regarding a water service agreement
for the condominium units. Engineered plans and specifications may have to be submitted to the
Division of Environmental Health prior to construction in order to provide water service to the
uunits.