20120399 Ver 2_Emails_20150519

Burdette, Jennifer a
From: Higgins, Karen
Sent: Tuesday, May 19, 2015 9:48 AM
To: Gwinn Hedrick
Cc: Burdette, Jennifer a
Subject: RE: Deed Book 152/525
Mr. Hedrick-
You will receive a document from the Environmental Management Commission detailing their decision on your Major
Variance request, which will include why they made their decision. The document from the Commission will also outline
how you can go about contesting their decision. The Division has no ability or authority to override the Commission's
decision.
As I know Jennifer has discussed with you, there are specific hardships identified in the rule that must be met for the
Commission to grant a variance. The date a lot was recorded is not part of hardships. For your convenience, the
hardships are listed below:
(i) There are practical difficulties or unnecessary hardships that prevent compliance with the strict letter of the riparian
buffer protection requirements. Practical difficulties or unnecessary hardships shall be evaluated in accordance with the
following:
(A) If the applicant complies with the provisions of this Rule, he /she can secure no reasonable return from, nor make
reasonable use of, his /her property. Merely proving that the variance would permit a greater profit from the property
shall not be considered adequate justification for a variance. Moreover, the Division or delegated local authority shall
consider whether the variance is the minimum possible deviation from the terms of this Rule that shall make reasonable
use of the property possible.
(B) The hardship results from application of this Rule to the property rather than from other factors such as deed
restrictions or other hardship.
(C) The hardship is due to the physical nature of the applicant's property, such as its size, shape, or topography,
which is different from that of neighboring property.
(D) The applicant did not cause the hardship by knowingly or unknowingly violating this Rule.
(E) The applicant did not purchase the property after the effective date of this Rule, and then requesting an appeal.
(F) The hardship is unique to the applicant's property, rather than the result of conditions that are widespread. If
other properties are equally subject to the hardship created in the restriction, then granting a variance would be a
special privilege denied to others, and would not promote equal justice;
(ii) The variance is in harmony with the general purpose and intent of the State's riparian buffer protection
requirements and preserves its spirit; and
(iii) In granting the variance, the public safety and welfare have been assured water quality has been protected, and
substantial justice has been done.
I understand that you did not get the decision you were hoping for from the Commission, however, as I stated above,
the Division has no ability or authority to override the Commission's decision.
Thanks-
Karen
Karen Higgins

401 & Buffer Permitting Unit Supervisor
NC DENR - Division of Water Resources
1617 Mail Service Center, Raleigh, NC 27699 -1617
Phone: [phone]
Email: karen.higgins @ncdenr.gov
Website: http: // portal. ncdenr .org /web /wq /401bufferpermitting
E -mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
- - - -- Original Message---- -
From: Gwinn Hedrick [mailto :gwinnhedrick @netzero.com]
Sent: Friday, May 15, 2015 5:56 PM
To: Burdette, Jennifer a
Cc: Higgins, Karen; amy.chapmam @ncdenr.gov
Subject: Fw: Deed Book 152/525
Jennifer,
I came to a meeting in Raleigh Wednesday 13 May 2015
I came with hope to be able to get out side ADA decks on RiverWinds water side exit. This was going to provide people
that need ADA access the right to exit the units on decks with out having to go down stairs, which to many people take
for granite, which puts them on and uneven grass yard which is hard to get around or in harms way.
During the meeting a recorded date of my lot was stated to be May 1997, one month after a rule was put into place. This
seemed to be important as this date was discussed by the group.
Turns out my lot was recorded May 1969, which is about 29 Years before the rule was put into place.
I feel like the Board members were miss lead about my project and be told about the incorrect date as this was meant to
give ADA access at the exit of a home so those with disabilities could go out side on a deck with out going down stair and
to be able to enjoy time with family, friends, or by them selves to view our public trust waters from outside.
RiverWinds was build for people with disabilities so I ask again to please think about those less fortunate.
I may make mistakes and not under stand all of the rules but my heart is in the right place.
Thankyou
Gwinn Hedrick
Please feel free to call
1- 252 - 249 -3010
- - - -- Original Message - - - --
From: "Autumn Hardison" < autumn .hardison @pamlicocounty.org>
To: <gwinnhedrick @netzero.com>
Sent: Friday, May 15, 2015 9:25 AM
Subject: Deed Book 152/525

> Hope you have a great weekend Mr. Gwinn!
> Autumn K. L. Hardison
> Assistant Register of Deeds
> Pamlico County
> 252.745.4421
> autumn .hardison @pamlicocounty.org
> Your message is ready to be sent with the following file or link
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>20150515093839542
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> Protect what matters
> Floods can happen anywhere. Learn your risk and find an agent today.
> http : / /thirdpartyoffers.netzero. net/ TGL3265 /5556la642dd84la5e35d5mp10d
> uc
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3

Parrant# perk
$Inte of North &roftna Pamlico
THIS DEED, Made this day of May 21, 1969 by
WilliaM,Albert Sparkman and.wifeg, Mary Ann Sparkman
of Wake County and State of North Carolina, of the first part, to
Edgar C.-DUke and wife, Betty Duke
of Wake County and State of North Carolina of thi second . part:
WITNESSETH. That said parties of the first park for and In consideration of Ton
(410.00)and other good and valuable consideration Dollars, to
Them paid by said part jesof the second part, the recelpt.of which is hereby acknowl-
edged, have bargained and sold, by these presents do bargain, sell and convey to said part jed the
second park their heirs, a certain tract or parcel of land In Pamlico County, State
of North Carolina,
and described an follows, viz.
rAmLico COUNTY # 5 TCFdNSHIP
BEGINNING, at an Iron stake on the side of a ditch. •
Edgar C Duke's Northeast corner and runs with said
ditch.N: 7 0 E. 100 feet to a stake; Thence N. 860
wi, to Smith•Creek; Thence down said Creek to Edgar C.
Duke's Northwest corner, near R marked pine on the
side of said Creak; Thence S. 860 East with Duke's
line to point of beginnin qh
C1JL. �
Being the land gubsciibed / Book 150 -Pace 204 of the
Pamlico County Registeryp which lands were sold by
R.E. Cox and wife, Lois Cox, to William Albert Sparkm
I,. man and wife, Mary Ann Sparkmani,
STATE OF
NORTH CAROLINA 1 STATE OF
NORTH CAROLINA
aLAL 1. TAT[
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THIS DEED PREPARED BY•SAM Jo.MORRIS
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TO HAVE AND TO ]TOLD the aforesaid tract or parcel of land, and all privileges and appur-
tenances thereto belonging to the said part i99 of the second part, their heirs and assigns
In fee simple, forever.
And the anid pnrttosof the first part, for theirbeiro, executors and administrators covenant;:
with said party of the second part, thoiiheire and assigns, that they are seized of Bald'
premises in foe, and have the right to convey the same In too•simpleI that the same are free and •V
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clear from all encumbrances,
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and that they will warrant and defend the said title to the name against the claims of all
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persons whomsoever.
IN TESTIMONY WHEREOF, The said parties ' of the first part have
hands and "a the day and year above written. /y //,y � � 1114-111)
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reunto•set f
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NORTH CAROLINA, Pamlico COUNTY. i
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and that they will warrant and defend the said title to the name against the claims of all
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persons whomsoever.
IN TESTIMONY WHEREOF, The said parties ' of the first part have
hands and "a the day and year above written. /y //,y � � 1114-111)
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reunto•set f
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NORTH CAROLINA, Pamlico COUNTY. i
I. .. Jean Jones a Notary
Public In and for the said County and State do hereby certify that
William Albert Sparkman and Mary Ann Sparkman
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his wife, personally appeared before me this
day nd acknowledged the due execution of the foregoing deed of conveyance.
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y �� day of 190 . (;
Witness my hand and seal this 41' ;
. ........... . �......
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My commission expires � day of 10,
NORTH CAROLINA
PAMUCCOUNTY
The Joreg rt�e. of.. • . ........... .......................... i
............................................... ............................... i
Notbry Public /Notarics Public is /are certified to be correct. gMe inelniment was eeented for i
regiatrallon and recorded in this office in Book! ............. f..?5......,_Page.... .1 ..........,
This ......y....day /...... ... ........ 18..U...f... at./ ..'.ids. o'clock
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Iternrded and mined By:...`............Aulrlant Register of Deedr•.•..•••••••.•.••••...•
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