20230933 Ver 1_DCM 115-23_20231016

Rich Cowell 588 Muddy Creek Rd Hertford, NC 27944 [e-mail]
The enclosed permit constitutes authorization under the Coastal Area Management Act, and
where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal subject to
the conditions shown on the permit. The original (buff-colored form) is retained by you and must be
available on site when the project is inspected for compliance. Please sign both the original and the copy
and return the copy to this office by mail or email a scanned copy to [e-mail].
Signing the permit and proceeding means you have waived your right of appeal described below.

If you object to the permit or to any of its conditions, you may request a contested case hearing
pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with
N.C.G.S. Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,
NC 27611-6714, [phone] within twenty (20) days of this decision on your permit. Information
about this process can be found at: https://www.oah.nc.gov/hearings-division. You should also be aware
that an interested party may submit an objection to the issuance of this permit within twenty (20) days
pursuant to N.C.G.S. 113A-121.1(b).

The project plan is subject to those conditions appearing on the permit form. Otherwise, all work
must be carried out in accordance with your application. Modifications, time extensions, and future
maintenance requires additional approval. Please read your permit carefully prior to starting work and
review all project plans, as approved. If you are having the work done by a contractor, it would be to your
benefit to be sure that they fully understand all permit requirements. To facilitate this, we request that
you contact your DCM Field Representative via email just prior to work initiation. Your field
representative contact information is [e-mail].

Department personnel will visit the project site to ensure compliance with this permit. If
questions arise concerning permit conditions, environmental safeguards, or problem areas, you may
contact Department personnel at any time for assistance. By working in accordance with the permit, you
will be helping to protect our vitally important coastal resources.

Sincerely,

Gregory Bodnar
Major Permits Coordinator
N.C. Division of Coastal Management
Permit Class Permit Number
NEW 115-23
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission

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

Issued to Rich Cowell, 588 Muddy Creek Rd., Hertford, NC 27944
Authorizing development in Perquimans County at adj. to the Perquimans River, at 588 Muddy Creek
Road, in Hertford , as requested in the permittee’s application submitted electronically 6/20/23, incl att
workplan drawings (2), Site Plan drawing dated revised 6/20/23, and Cross Section drawing dated 6/1/23.
This permit, issued on October 13, 2023 , 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 civil or criminal penalties; or may cause the permit to be null and void.

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 13, 2028

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 DE Q and the Chair
of the Coastal Resources Commission.

(for) Braxton C. Davis, Director
Division of Coastal Management

This permit and its conditions are hereby accepted.

Signature of Permittee
Observation Pier and Platform

1) This permit authorizes only the pier, platform, 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 observation pier and platform
without permit modification. No non-water dependent uses of structures shall be conducted on, in or
over Public Trust waters without permit modification.

2) This permit does not authorize any formalized boat slips.

3) 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.

(See attached sheets for Additional Conditions)

Rich Cowell Permit No. 115-23
Page 2 of 3

ADDITIONAL CONDITIONS

4) 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.

5) Any portion of the permitted access pier and structures built over wetlands shall not exceed six feet in
width and shall be elevated a minimum of three feet above the wetland substrate as measured from the
bottom of the decking.

6) 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.

Offshore Sills

7) The alignment of the toes of rip rap shall not exceed the alignments as depicted in the attached permit
application and workplan drawings.

8) The alignment of the authorized offshore sills shall be staked by the permittee and verified by a
representative of the Division of Coastal Management within a maximum of 30 days prior to the start of
construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse
weather conditions, shall require the alignment to be re-staked by permittee and verified by DCM within
a maximum of 30 days prior to the new expected start of construction.

9) The height of the permitted offshore sills shall not exceed three (3) feet above the substrate at time of
construction.

10) Sills shall be marked at 50-foot intervals with yellow reflectors extending at least three feet above
normal water level.

11) No backfill of the sills or any other filling of wetlands or high ground is authorized by this permit.

12) Should either of the adjacent riparian lots be sold prior to the initiation of construction of the sills, the
permittee shall obtain a written agreement from the new owner(s) waiving the minimum setback, and
authorization to construct the portion of the sills within the property owner’s riparian setback, and
submit it to the Division of Coastal Management prior to initiating construction of the sills.

13) The permittee is advised that submerged aquatic vegetation (SAV) habitat exists in close proximity to
the authorized project. All available precautions shall be utilized to ensure that damage to SAV habitat
does not result from the construction of the authorized offshore sills. The offshore sills shall be located
in areas with no SAV coverage and shall have a minimum setback distance of 10 feet between any
section of the offshore sill and submerged aquatic vegetation, at the time of construction.

14) The sill material shall consist of clean rock or masonry materials such as, but not limited to, granite,
marl, or broken concrete or exposed rebar. It shall be of a size sufficient to prevent its movement from
the approved alignment by wave or current action.

Rich Cowell Permit No. 115-23
Page 3 of 3

ADDITIONAL CONDITIONS

Sedimentation and Erosion Control

15) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.

16) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses or properties.

General

17) 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.

18) 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.

19) The permittee and/or their 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 Regional General Permit
197800291 (Action ID SAW-2020-01378).

NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General
Water Quality Certification 4501 and assigned the project DWR Project No. 2023-0933.

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 high water level.

NOTE: An application processing fee of $400 was received by DCM for this project.