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38.—(1) Paragraph (2) shall have effect unless otherwise agreed with the Environment Agency.
(2) Notwithstanding article 5 (power to deviate) no part of any works falling within the descriptions set out in the following sub-paragraphs must be constructed, carried out or installed (as the case may be) below the corresponding level above ordnance datum specified in each sub-paragraph—
(a)any soffits of the jetty head comprised within, or associated with, Work No. 1, 10.1 metres above ordnance datum;
(b)the surface level of the jetty head at the termination of Work No. 1, 11.6 metres above ordnance datum;
(c)the jetty surface elevation of the bankseat and the commencement of Work No. 1, 19.0 metres above ordnance datum;
(d)the area of hardstanding comprised within Work No. 4, 17.0 metres above ordnance datum;
(e)the base level of Work No. 8, 11.0 metres above ordnance datum; and
(f)the surface level of Work No. 6 at the point where it crosses the Hinkley Point C drainage ditch, 10.3 metres above ordnance datum.
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