44209_FOLDS, LARRY_20060209 (2)

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�ICANIA / 11DREDGE & FILL a -aa �� �Z S� N� 44209
GENERAL PERMIT
Previous permit #
XNew OModification []Complete Reissue ❑Partial Reissue Date previous permit issued
As authorized by the State of North Carolina, Department of Environment and Natural Resources
and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC Q 7 � - l ��
` p pJ'Je4+MZ,4 + / l
_ ues attached.
Applicant Name_ Larf 4 Fo �45 /©) We{S' f�tJ �tAl�► - Project Location: County CARTFE A ET LU
Address m P, C� ) jig pt' Street Address/ State Road/ Lot #(s)
city I )ft,44 i.) Sa.)e-m State 1UG zipd't7/b4 1-5, 7rad 4 Map p 9
Phone # (lo) a l o• (032 Fax # (_) Subdivision
Authorized Agent City ZIP
Affected WCW ItW AfTA [IES ❑ PTS Phone # 910 -&62-1- River Basin
Q,Ldh � le pa.k
AEC s : El OEA ❑ HHF ❑ IH ❑ USA O N/A Adi. Wtr. Body C(ee)C o K WOO Mor, 6 ' "�'
() at /man /unkn}
❑ PWS: ❑FC: Op re $ pyA)Ct
ORW: yes /(a PNA yes / ® Crit. Hab. yes / no Closest Maj. Wtr. Body
Type of Project/ Activity CON54t3L4 a- -x �C2CCe/iS plDck aye row✓ 4 e rna•)'S&-,
plt?rieei-n6 over &W -re, lm, blbe, Gree -e f (Scale: s )
Pier (dock) length
J
Platform(s) g 'x 50'
Finger pier(s) -- �. �. i o i'�Y141h fi �i'st'X►'��
ii
Groin length AlD _I {
{cl I ---- - - --
number - — - -- s
Bulkhead/ Riprap length
am war �9'l 2..04. i
avg distance offshore --- r 5 • i :- r
max distance offshore
Basin, channel
�d
Y MASS h
ty
cubic yards _ ! _
Af
I
Boat ramp
Boathouse/ Boatlift
Beach Bulldozing
Other --- - - - - - - I— —� i-
50_
Shoreline Length��r---
- -- - -.--
SAV: not sure yes49 L----- -- F - - � �-- L- i
Sandbags: not sure yes --
Moratorium: n/a yes
Photos: yes ®', i I M R R5 ; �-
Waiver Attached: yes 6 --
A building permit may be required by: CA PIT EfLET" ❑ See note on back regarding River Basin rules.
Notes/ Special Conditions re4eseAJce ph -4o5 10s (Lill jg45C5g2). i)0ock1nz&4he elevakd 3,26 -r-
M,�LrS h Sub-51ra.-k a5 fn asu v e -d tAe be lhm C• ,' Ae deck wq , 2) Ale more fha�v (2 )
Qufhor, zed.
��dock lo exleyil tia more .fh6;� 2' J,v� /Af ereek- A o mcnr�A 19j
Agent or Applicant Printed Name Permit Officer's Signature /y
Signature e* Please ad compliance statement on back of permit""' Issuing Date - L Expiration Date
/4040 --a'710 647 -le -,--el i 6 .
Application Fee(s) Check # Local Planning)urisdictlon Rover File Name

W,
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. floss Jr., Secretary
February 9, 2006
Larry Folds
Diversified Realty & In.vestments Co.
290 Piccadilly Dr.
Winston Salem, NC 27104
Dear Mr. Folds:
Attached is General Permit #44209C- to construct a 6' x 200' access dock across the marsh to an
8' x 50' "T" platform 6' over marsh, 2' into the creek at Browns Island Tract 1, Map 6 page 29,
Straits, NC.
In order to validate this permit, please sign the permit as indicated. Retain the white copy for
your files and return the signed yellow and pink copies to us in the enclosed, self-addressed
envelope. If the signed permit copies are not returned to this office before the initiation of
development, you will be working without authorization and will be subject to a Notice of
Violation and subsequent civil. penalties.
We appreciate your early attention to this matter.
Sincerely,
n(
Mark Hardeman
Coastal Management Representative
lsb
Enclosures
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] Internet: www. nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer —50% Recycled \ 10% Post Consumer Paper

Wachovia 2710
Winston Saiem, NC 27104
Diversified Realty & Investment Co.
290 Piccadilly Drive 11J14/2005
Winston Salem, NC 27104
66-7%1 531
i
**100.00
PAY TO THE Division of Coastal Management
ORDER OF r
One Hundred and 00/ 100
r Division of Coastal Management
AUTHORIZED SIGNATURE
MEMO Dock Permit Fee
0 2 L 91: 2000000 18
11'00 2 7 L011' 1:0S300 348811'

t3�.i.J,�ACA�1 Erli� b; i��L 9! `� L l V PROPERTY JA r��j ®Y i ��r L rA, ulY'1Xi1�1
I hereby certify that I own property adjacent to �Ca'� 's
(Name of I'a•ope ty Owner)
6-
propertylocated at JrO �UA'�Art
Q
(Lot. Block, Roacl etc.
on
�r
�0 N.
C.
M"Iterbody) (Town and/or County)
i-
I•io has described to meas shown below, the development hc•is proposing at that location,"
Incl, I have no objections to his proposal.
DESCRIPTION AND/OR DRAINING OF PROPOSLD DEVELOPMENT
('To be filled in by individual proposing development)
UJ -
LL2 r
10
------------------------------------------------------------------------------------------------------------------
Signature U
Print or Type Name
914)
Telephone Number
Date:
r

Page I of I
http://maps.co.carteret.ne.us/mapframe.htm 1/24/2006

A.a
rim I��1t
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director
Mr. Crawford B,
PO Box 2392
Fayetteville, NC
MacKethan
28302-2392
Dear Mr. Crawford B. MacKethan:
William G. Ross Jr., Secretary
February 10, 2006
This correspondence is in reference to your August 25, 2005 letter of objection to the pier
proposal of Mr. Larry Folds, adjacent to a tidal creek off of Westmouth Bay, located on Brown's
Island, north of Harker's Island, in Carteret County, NC. The applicant's proposal was revised
through discussions with this Division to a final project including a 200' x 6' pier to a 50' x 8'
dock, crossing the marsh and extending into the creek by an average of 2'.
The DCM reviewed the application along with the pertinent rules of the Coastal Resources
Commission in conjunction with your objections and determined that the project is consistent
with the Commission's rules. Therefore, the DCM issued CAMA General Permit #44209-C to
Mr. Larry Folds on February 09, 2006, authorizing the pier project as revised.
If you wish to appeal this permit decision, you must file a Third Party Hearing Request with the
Director of the Division of Coastal Management, Mr. Charles S. Jones, Department of
Environment and Natural Resources within 20 days of the permit decision. A copy must also be
sent to the Attorney General's Office, Environmental Division. If you wish to appeal, please
contact me and I can forward you the pertinent forms. And if you have any questions about this
matter, please don't hesitate to contact me at (252-808-2808).
Sincerely,
ere Barrett
District Manager, MHC
Enclosure
cc: Ted Tyndall, Assistant Director, DCM
Mark Hardeman, Field Representative, DCM
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper

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Larry Folds Dock Matter
Subject: Larry Folds Dock Matter
From: "Clark Wright" <[e-mail]>
Date: Fri, 25 May 2007 11:10:56 -0400
To: "Tyndall, Ted \(Tyndall, Ted\)" <[e-mail]>
CC: "Folds, Larry" <[e-mail]>
Hello Ted - thanks much for taking the time to speak with me this morning re Larry Fold's General
Permit application. As I understand our discussion, you have indicated DCM will not allow the use of
the GP process for this permit, even though a prior DCM official issued a (now expired) GP for
exactly the same project about a year ago. I understand that you will be sending me a letter to confirm
your decision and explain the IP process. Mr. Folds belives that his previously permitted location is
essentially the only reasonable access he has to his island property. If DCM has identified any other
viable access locations, please let us know. In the end, Mr. Folds is entitled to both reasonable access
TO his long -owned island property, and legal riparian rights giving him access to deep water FROM
that property as well.
Thanks much for your attention to this matter, and best personal regards for the Memorial Day
Weekend.
Clark
PLEASE NOTE - As of May 1, 2007, Scott Davis, Mark Hartman and I have purchased Bill
Kafer's building at 209 Pollock Street and formed a new law firm, focused on the legal needs of
businesses, local governments, developers, financial institutions, members of the medical
community and agriculture/forestry. My practice will continue to focus on environmental law,
where I have been listed in Best Lawyers in America for over ten years, as well
as administrative/regulatory law and select civil and appellate litigation matters. My good
friend and former law partner Dec Ward continues his excellent family law practice in his 409
Pollock Street office building while my good friend and former law partner John Ward is
continuing his excellent mediation and civil litigation practices just up the street at 219 Pollock
Street. Please update your records for our firm as follows:
I. Clark Wright, Jr.
DAVIS HARTMAN WRIGHT PLLC
209 Pollock Street
New Bern, NC 28560
252-514-2828 (office)
252-514-9878 (fax)
252-229-5900 (cell)
icwAdhwleP,al.com
No virus found in this outgoing message.
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1 of 1 6/15/2007 12:00 PM

Larry Folds
Subject: Larry Folds
From: "Clark Wright" <[e-mail]>
Date: Mon, 4 Jun 2007 16:40:33 -0400
To: "Tyndall, Ted \(Tyndall, Ted\)" <[e-mail]>
CC: "Folds, Larry" <[e-mail]>
Hello Ted - I just received a call from our client in which he indicated that he dropped in to see you on
the spur of the moment this morning. Larry wanted me to pass on his apologies to the extent that he
expressed too much of his passion or frustration to you regarding his efforts to obtain permits giving
him reasonable access to the 180 acres he owns on Browns Island. With regard to the two -slip dock
permit, when you and I spoke during the week of May 21 st, you told me that your site visit convinced
you that an IP would be needed for this project, thus taking it out of the GP process, and that you
would write Mr. Folds a letter to that effect by the end of the following week (i.e., the week of May
28th). I realize there is a lot going on at DCM, including the new Director being appointed, but I also
know that Mr. Folds has owned this property a long time and tried to make do without any dock
giving effect to his riparian rights, and I am sure we all know how hard he is pushing to accomplish
that this summer.
I understand that you told Larry you would get your letter out this week, and I wanted to document
and confirm that. To the extent you can spell out for him what he needs to do to properly submit a
complete permit application, I know Mr. Folds would appreciate it, and please also copy me.
On the issue of the separate mooring permits Mr. Folds has also been seeking for a long time now, he
tells me that the location for these is about 250 feet off the sandy beach on the north side of the creek,
and that the $100.00 check he sent Mark over a year ago remains uncashed by DCM. Mr. Folds
wants to pursue this permit as well, so he can have a place to properly moor his larger boat without
getting into the shallower waters of the creek. If you could find out the status of this separate permit
process and how we can get it moving again, and get back to me, I would be most appreciative.
Thanks much, Ted.
Best personal regards,
Clark
I. Clark Wright, Jr.
DAVIS HARTMAN WRIGHT PLLC
209 Pollock Street
New Bern, NC 28560
252-514-2828 (office)
252-514-9878 (fax)
252-229-5900 (cell)
icwC�dhwlegal.com
Mr. Wright has been selected by his peers for inclusion in Best Lawyers in America for over a decade.
1 of 2 6/15/2007 12:04 PM

Wachovia
Diversified Realty & Investment Co. Winston Sateen. NC 27104
290 Piccadilly Drive
Winston Salem, NC 27104
667e61 531 11/15/2006
PAY TO THE
ORDER OF DENR $ **100.00
One Hundred and
DENR
MEMO
iRIZED SIGNATURE
"'00289S," 1:053000 2 L9':2000000 L83488ii'
Diversified Realty & Investment Co.
DENR 11/1512006
CA- V V'- I i . r�
33oo- 63�i
checking!. Dock I'crmit
2825
100.00

28
11/17/2006
PAY TO THE DENR g **100.00
ORDER OF
One Hundred and 00/100********************•*****s******r********************s******************«.************:********
DENR
Attn:Chuck Bisset
TD Eure Construction Co inc /''"I
PO Box 650
MEMO Morehead City, NC 28557 !�
dock permit part 2 AUTHORIZED SIGNATURE
11'00 289811' 1:0 5 3000 2 1 91:2000000 L8348811'
Diversified Realty & Investment Co. 2898
DENR 11/17/2006
100.00
checking dock permit Fart 2 100.00
9

wachovia 2 / J��-h
Diversified Realty & Investment Co. Winston Salen% NC 27104
290 Piccadilly Drive
Winston Salem, NC 27104
W7961 531 2/24/2006
A
a
N
PAY TO THE Division of Coastal Management g **100.00
ORDER OF
i 1 d
One Hundred and
� d
Division of Coastal Management 8
MEMO
AUTHORIZED SIGNATURE
II100 2 7 5411' I:0 5 3000 2 L 91: 2000000 L 8 348811'
Diversified Realty & Investment Co. 2754
Division of Coastal Management 2/24/2006
100.00
"i,i��if�
Mor`hen ad Cita- tDI( J`iVI
checking mooring 100.00

Diver►s�ified
Realty and Investment Company
February 24, 2006
Mr. Mark Harderman
Division of Coastal Management
400 Commerce Avenue
Moorehead City, NC 28557
Mark,
SERVICES:
Commercial Real Estate
Development
Management
CONSULTATION:
Investment Management
Capital Resources
Mergers & Acquistitions.
Enclosed is the one hundred ($100.00) dollar application fee you requested
in order to process the two (2) moorings I have applied for.
Thanks, and please call my cell [phone] if I need to do anything
further.
With my sincere regards,
� %_-L L L l
Larry J Fdl Sr.
IV1or�ti� :; tJity L)e-rVj
290 Piccadilly Drive, Winston-Salem, N.C. 27104 Office: 336/768-6680 Fax: [phone] E-mail: [e-mail]

Di�ers�ifiied
Realty and Investment Company
290 Piccadilly Drive
Winston-SaIeV.C. 2
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T.D. SURE CONSTRUCTION CO., INC,
POST OFFICE 80X 650
MOREHEAD CITY, NORTH CAROLINA 28557
PHONE [phone]
FAX [phone]
PFFOJECT
MEMONOTES
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15:34 PIOMSIFIED REPLTY 8 INN. CO. 4 12527284192
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REALTY AND INVESTMENT COMPANY
240 PICCADILLY DRIVE
WINSTON-SALEM, NORTH CAROLINA 27104
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No. C383 001
❑ UACENTPOR REVIEW O PLEASP Coumr--NT Cl PLEASE REPLY ❑ PLPASL' SHRED
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contain information that is prirslagcd, confidential and exempt from d;sclosurc under ipplicablc law.
If the reader of this message ii not the intended recipient of the employee or agent responsible for
dei;vaing the message to the intandcd recipient, yvu = hcmby nvafied that any dissemination,
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to us at the above address via the U. S. Posta] Service. Thank you.
JAN -03-2007 02:21PM Fax[phone] zd=TD EnE CONST. Page:001 R-97�
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
June 15, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Larry Folds
290 Piccadilly Drive
Winston-Salem, NC 27104
Dear Mr. Folds:
This letter is in response to your request to renew General Permit #44209-C. The permit
was issued on February 9, 2006 for the construction of a 6' X 200' access dock across the marsh
to an 8' X 50' "T" -shaped platform on Brown's Island, in Westmouth Bay, Carteret County. It
also serves as a follow-up to my May 10, 2007 site visit to Brown's Island. It also rehashes the
telephone conversation that Mr. Clark Wright, your attorney, and I had on May 25, 2007, as well
as a similar conversation you and I had during a meeting in my office on June 4, 2007.
As I have informed you and Mr. Wright, based on my site visit, the Division has
determined that the expedited General Permit process is not applicable in this particular situation
and that the potential impacts of the proposed project are worthy of a more in-depth review that
can be accomplished through the CAMA major development permit process. Your original
proposal probably should have been reviewed through this process rather than through the
General Permit process. General Permits are not actually renewed, but may be completely
reissued under certain specific conditions. The extreme shallow waters providing access to the
location of the proposed dock up the tidal creek and the similar shallow waters at the dock
location accompanied with the fact that the dock and any associated boat would occupy the
deepest water of the narrow tidal creek create serious permitting concerns, both environmental
and public trust rights/navigational in nature. Earlier guidance to staff has requested that
docking facilities in sensitive habitats where the water depth is less than adequate be elevated to
the full blown major permit process. This is the case in your proposal. Therefore, please accept
this letter as formal notice that an application for a CAMA major development permit must be
submitted for the subject proposal.
Because of the decision to process a CAMA Major Permit for the proposed dock, I am
returning checks #2895 and # 2898 to you. I am also enclosing the appropriate CAMA Major
Permit application form and instructions for your use. If you have any questions regarding this
process, please contact this office. You may want to set up a meeting with DCM and the key
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer —50% Recycled 110% Post Consumer Paper

Mr. Larry Folds
June 15, 2007
Page 2
commenting/permitting agencies, (i.e. Division of Marine Fisheries, Division of Water Quality
and the US Army Corps of Engineers, and etc.) to receive early feedback and guidance on any
docking proposal at the site, including potential alternatives and locations.
I am also returning check #2754 for what appears to be for two moorings. There appears
to be little in the file except miscellaneous handwritten notes on a small NOAA chart with two
Xs on it. If you wish to pursue a freestanding mooring in this area, please follow the approval
procedures found in the attached guidelines for Section .2200 — General Permit For Construction
of Free Standing Moorings in Estuarine Waters and Public Trust Areas. This general permit
requires, information on the site location, dimensions of the project area, a dated plat showing
existing and proposed development, and either a written statement of no objection or that the
adjacent riparian property owners have been notified by certified mail of the proposed work.
The work plat needs to reference adjacent riparian properties as well as indicating the arc of the
swing of the boat, mooring chain, and etc. Once you have all the appropriate information for
processing this general permit, please provide it to this office. I will ensure that once the
application process is complete, that your proposal is processed in a timely manner.
I appreciate your patience in this process and your efforts to comply with the permit
requirements of the Division of Coastal Management. If you have any further questions, do not
hesitate to contact this office. Thank you.
Sincerely,
M. Ted Tynda
Assistant Director
Attachments
cc: Ms. Tere Barrett - District Manager, DCM, w/o attachments
Mr. I. Clark Wright, Jr. - Davis Hartman Wright PLLC, w/o attachments
Mr. Chuck Bissette - T.D. Eure Construction Co.

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News Release 5/29/07
Mr. Larry J Folds Sr. Writes: It was the year of 1986 when Mrs. Annie Brown agreed to
sell me 188 acres of Browns Island; Needless to say it was one of the highlights in my
life. Conversely 4/20/07 was an awful day for my family and me. That day, as we have
done consistently for the last 8 years, we took the Jon boat over to the Island to mow,
cleanup, and work on our equipment. The senseless vandalism we found was to say the
least, heartbreaking and almost indescribable. Now age 64, my life long plan has been to
build my last home on a special spot on the Island, retire and raise oysters. What kind of
rage could have sustained what I believe to be a man C + tall and 200+ lbs, for the 1 to 2
hours as he selectively cut 19 trees? Nine of them were mostly magnificent 150+ year old
Live Oaks, favorites of the family. The oldest of the trees has been on her knees, trying to
live for the last 30 or 40 years after being blown over in what must have been a terrible
storm. He tried to cut through her massive 3ft wide trunk and failed, and then he started
lopping off her limbs to kill the old girl. The shade, campfire ambience, the sunset view,
and the pride all gone, never to return even in my son's lifetime. We walked in silence
and disbelief as we surveyed the intentional damage, not only to the trees but the tractor,
the fence, storage bins, mowers and everything he had come across. We left that day with
a knot in our stomachs without doing our work, but with a commitment to find the human
being that could do such a horrendous thing. If anyone hears or knows anything about
what happened, we think it occurred in the light of day between 4/6/07 and 4/13/07,
please call my cell phone [phone] or the Sheriff, Asa B. Buck's office 252-504-
4800.
Find this information online : http:/h,vxvw.diversifiedco.com/treevandalism/

folds 2 -slip dock permit
Subject: folds 2 -slip dock permit
From: "Clark Wright" <[e-mail]>
Date: Thu, 22 Mar 2007 17:23:42 -0400
To: "Tyndall, Ted \(Tyndall, Ted\)" <[e-mail]>
CC: "Alcoke, Merrie Jo" <[e-mail]>
Hello Ted — I hope you are doing well. First, please pass on my best wishes to Charles for a speedy
recovery, and I just heard today he is in the hospital. Second, I realize you are fully occupied with the
CRC meeting up at Kill Devil Hills. However, I very much would like to get a speedy response to my
repeated inquiries to you over the past few weeks on the telephone re how best to obtain the permit
renewal our client is seeking regarding the two -slip dock previously permitted by DCM in CAMA
General Permit No. 44209, which expired just last month, and which Mr. Folds is now prepared to
move forward under. In this regard, I have spoken with Mark Hardiman, the former DCM officer who
wrote this permit. Mr. Hardiman tells me that this location does not involve PNA waters, that he
flagged the NHW line, and that he made sure the dock plans minimized intrusion into the relatively
narrow waters at this location, and that he advised Mr. Folds that his upland development
opportunities likely would be very limited. Mr. Hardiman also indicated that there are no SAV issues
for this small dock project.
I am told that our client has asked DCM for renewal and sent in his check, but that the check remains
uncashed. Mr. Folds owns a number of different watercraft, some of which can easily access this area
in two feet of water. The fact that he owns larger boats does not strike me as a valid reason to deny
him access via smaller boats that can access water depths in the two -foot range.
During my tenure in the Attorney General's Office, I recall discussions about the issue of landowners
seeking CAMA permits for very long piers and docks in order to reach water depths of four to five
feet. I vividly recall the Weeks case, where Rob Wheatly litigated some of those issues, but lost — in
significant part because DCM argued that "access to deep water" did not require that DCM permit
access to water depths of four or five feet and, in fact, that the agency was considering whether it
could or should define private property riparian rights so as to only require docks giving access to
one-two feet of water because such depths were deep enough to float canoes and other shallow draft
vessels that historically were used. I bring this up because to me DCM (and DMF) seem to be trying
to have it both ways now — asserting on the one hand that pier and dock permit applicants seeking
access to four and five foot water depths across long, flat water bottom distances can be denied
because riparian rights law only requires that DCM grant them access to shallower depths, but then
asserting on the other hand that applicants seeking issuance of dock permits in shallower water depths
can be denied because the water is too shallow from a resource protection perspective based on
speculation regarding how the landowner MIGHT use the dock. I point all this out merely as
background to illustrate our client's confusion and frustration. All we seek is simple renewal of a
previously granted CAMA General Permit that only recently expired, and both our client and I are
frustrated with the amount of time and effort tied to this effort, and the apparent black hole that we
have fallen into.
1 of 2 6/8/2007 2:23 PM

folds 2 -slip dock permit
• w
Regardless of what the CRC may or may not do in terms of future rule making, this appears to me to
be a straightforward permit renewal matter with very minor impact potential. Ted, if you could please
call or write me back at your earliest convenience, I would be most appreciative. Our client very
much would like to get this small facility built in order to have better access to his property for the
summer season.
Best regards,
Clark
1. Clark Wright, Jr.
Ward and Davis, LLP
409 Pollock Street
New Bern, NC 28560
252-633-1101
252-633-9400 (fax)
252-229-5900 (cell)
No virus found in this outgoing message.
Checked by AVG Free Edition.
Version: 7.5.446 / Virus Database: 268.18.17/730 - Release Date: 3/22/2007 7:44 AM
2 of 2 6/8/2007 2:23 PM

RE: [Fwd: folds 2 -slip dock permit]
r
Subject: RE: [Fwd: folds 2 -slip dock permit]
From: "Clark Wright" <[e-mail]>
Date: Mon, 26 Mar 2007 17:06:53 -0400
To: "'Ted.Tyndall"' <[e-mail]>
Ted — thanks for the e-mail; I must say I am disappointed in that as I mentioned on the telephone, right or wrong
our client is concerned that Tere was not treating him fairly, and that is the whole reason I was trying to work
through you ...
Best regards,
Clark
I. Clark Wright, Jr.
Ward and Davis, LLP
409 Pollock Street
New Bern, NC 28560
252-633-1101
252-633-9400 (fax)
252-229-5900 (cell)
From: Ted.Tyndall [mailto:[e-mail]]
Sent: Monday, March 26, 2007 4:07 PM
To: Tere Barrett
Cc: Clark Wright
Subject: [Fwd: folds 2 -slip dock permit]
Tere - Please handle this case for Mr. Wright at your earliest convenience. Clark had wanted me to
handle but I am unable to squeeze him into my tight schedule at this time. Please keep me informed
of our actions. Thanks, Ted T.
------- Original Message--------
Subject:folds 2 -slip dock permit
Date:Thu, 22 Mar 2007 17:23:42 -0400
From:Clark Wright <[e-mail]>
Reply-To:<[e-mail]>
Organization: Ward and Davis, LLP
To:Tyndall, Ted (Tyndall, Ted) <ted.tyndaIl�ancmad.net>
CC:Alcoke, Merrie Jo <meredith.alcoke(a?ncmail.net>
Hello Ted — I hope you are doing well. First, please pass on my best wishes to Charles for a speedy recovery,
and I just heard today he is in the hospital. Second, I realize you are fully occupied with the CRC meeting up at
Kill Devil Hills. However, I very much would like to get a speedy response to my repeated inquiries to you over
the past few weeks on the telephone re how best to obtain the permit renewal our client is seeking regarding
the two -slip dock previously permitted by DCM in CAMA General Permit No. 44209, which expired just last
month, and which Mr. Folds is now prepared to move forward under. In this regard, I have spoken with Mark
Hardiman, the former DCM officer who wrote this permit. Mr. Hardiman tells me that this location does not
involve PNA waters, that he flagged the NHW line, and that he made sure the dock plans minimized intrusion
into the relatively narrow waters at this location, and that he advised Mr. Folds that his upland development
opportunities likely would be very limited. Mr. Hardiman also indicated that there are no SAV issues for this
small dock project.
1 of 3 6/8/2007 2:24 PM

RE: [Fwd: folds 2 -slip dock permit]
IV
I am told that our client has asked DCM for renewal and sent in his check, but that the check remains
uncashed. Mr. Folds owns a number of different watercraft, some of which can easily access this area in two
feet of water. The fact that he owns larger boats does not strike me as a valid reason to deny him access via
smaller boats that can access water depths in the two -foot range.
During my tenure in the Attorney General's Office, I recall discussions about the issue of landowners seeking
CAMA permits for very long piers and docks in order to reach water depths of four to five feet. I vividly recall
the Weeks case, where Rob Wheatly litigated some of those issues, but lost — in significant part because DCM
argued that "access to deep water" did not require that DCM permit access to water depths of four or five feet
and, in fact, that the agency was considering whether it could or should define private property riparian rights so
as to only require docks giving access to one-two feet of water because such depths were deep enough to float
canoes and other shallow draft vessels that historically were used. I bring this up because to me DCM (and
DMF) seem to be trying to have it both ways now — asserting on the one hand that pier and dock permit
applicants seeking access to four and five foot water depths across long, flat water bottom distances can be
denied because riparian rights law only requires that DCM grant them access to shallower depths, but then
asserting on the other hand that applicants seeking issuance of dock permits in shallower water depths can be
denied because the water is too shallow from a resource protection perspective based on speculation regarding
how the landowner MIGHT use the dock. I point all this out merely as background to illustrate our client's
confusion and frustration. All we seek is simple renewal of a previously granted CAMA General Permit that only
recently expired, and both our client and I are frustrated with the amount of time and effort tied to this effort, and
the apparent black hole that we have fallen into.
Regardless of what the CRC may or may not do in terms of future rule making, this appears to me to be a
straightforward permit renewal matter with very minor impact potential. Ted, if you could please call or write me
back at your earliest convenience, I would be most appreciative. Our client very much would like to get this
small facility built in order to have better access to his property for the summer season.
Best regards,
Clark
I. Clark Wright, Jr.
Ward and Davis, LLP
409 Pollock Street
New Bern, NC 28560
252-633-1101
252-633-9400 (fax)
252-229-5900 (cell)
No virus found in this outgoing message.
Checked by AVG Free Edition.
Version: 7.5.446 / Virus Database: 268.18.17/730 - Release Date: 3/22/2007 7:44 AM
M. Ted Tyndall, Assistant Director
NC Division of Coastal Management
400 Commerce Ave.
Morehead City, NC 28557
[phone] FAX [phone]
2 of 3 6/8/2007 2:24 PM

RE: [Fwd: folds 2 -slip dock permit]
No virus found in this incoming message.
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Version: 7.5.446 / Virus Database: 268.18.18/733 - Release Date: 3/25/2007 11:07 AM
No virus found in this outgoing message.
Checked by AVG Free Edition.
Version: 7.5.446 / Virus Database: 268.18.18/733 - Release Date: 3/25/2007 11:07 AM
3 of 3 6/8/2007 2:24 PM

RE: [Fwd: folds 2 -slip dock permit]
Subject: RE: [Fwd: folds 2 -slip dock permit]
From: "Clark Wright" <[e-mail]>
Date: Tue, 27 Mar 2007 10:08:27 -0400
To: "'Ted.Tyndall"' <[e-mail]>
CC: "'Tere Barrett"' <[e-mail]>, "Alcoke, Merrie Jo" <[e-mail]>
Ted — thanks for the reply; I was not trying to pick and choose, but rather to express a confidential concern; now
that all is out in the wide open, a confidential concern that I believe you actually agreed with. The concern is
one that I have often heard from regulated community clients, and while I know Tere well enough to know that
often those concerns are more about perception than any substantive reality, those concerns are very real in
the minds of a number of folks out there in the regulated community. The other reason I contacted you is
because the client told me that he had not had success in getting a response of any kind from anyone lower
down at DCM.
Sincerely,
Clark W.
I. Clark Wright, Jr.
Ward and Davis, LLP
409 Pollock Street
New Bern, NC 28560
252-633-1101
252-633-9400 (fax)
252-229-5900 (cell)
From: Ted.Tyndall [mailto:[e-mail]]
Sent: Tuesday, March 27, 2007 8:31 AM
To: [e-mail]
Cc: Tere Barrett
Subject: Re: [Fwd: folds 2 -slip dock permit]
Clark -
I am sure that Tere will be objective and professional in handling your client's request. As you can
imagine, the Division can not allow individual applicants to pick and choose who they work with
during the permitting process. This District has been short staffed for over a year now and Tere and
her staff are doing an admirable job in juggling the workload with the many pressures that
accompanies the job. Tere is the District Manager for the entire Morehead City area and has over
twenty years experience with the Division and I'm sure she will do a fine job during this process as
well. If there is a real problem in the fairness, timeliness and/or customer service processing of your
request, please contact me.
Although I thought that I would be able to squeeze the project into my schedule, I was obviously
wrong. I'm sure Tere will handle the situation appropriately, but if she needs assistance, she will let
me know.
Thank you. Ted T
Clark Wright wrote:
Ted — thanks for the e-mail; I must say I am disappointed in that as I mentioned on the telephone, right or wrong
1 of 4 6/8/2007 2:24 PM

RE: [Fwd: folds 2 -slip dock permit]
our client is concerned that Tere was not treating him fairly, and that is the whole reason I was trying to work
through you ...
Best regards,
Clark
I. Clark Wright, Jr.
Ward and Davis, LLP
409 Pollock Street
New Bern, NC 28560
252-633-1101
252-633-9400 (fax)
252-229-5900 (cell)
From: Ted.Tyndall [mailto:[e-mail]]
Sent: Monday, March 26, 2007 4:07 PM
To: Tere Barrett
Cc: Clark Wright
Subject: [Fwd: folds 2 -slip dock permit]
Tere - Please handle this case for Mr. Wright at your earliest convenience. Clark had wanted me to
handle but I am unable to squeeze him into my tight schedule at this time. Please keep me informed
of our actions. Thanks, Ted T.
-------- Original Message--------
Subject:folds 2 -slip dock permit
Date:Thu, 22 Mar 2007 17:23:42 -0400
From:Clark Wright <icwC;wardanddavis.com>
Reply-To:<icwcL.wardanddavis.com>
Organization: Ward and Davis, LLP
To:Tyndall, Ted (Tyndall, Ted) <ted.tyndall(cncmail.net>
CC:Alcoke, Merrie Jo <meredith.alcoke [e-mail]>
Hello Ted — I hope you are doing well. First, please pass on my best wishes to Charles for a speedy recovery,
and I just heard today he is in the hospital. Second, I realize you are fully occupied with the CRC meeting up at
Kill Devil Hills. However, I very much would like to get a speedy response to my repeated inquiries to you over
the past few weeks on the telephone re how best to obtain the permit renewal our client is seeking regarding
the two -slip dock previously permitted by DCM in CAMA General Permit No. 44209, which expired just last
month, and which Mr. Folds is now prepared to move forward under. In this regard, I have spoken with Mark
Hardiman, the former DCM officer who wrote this permit. Mr. Hardiman tells me that this location does not
involve PNA waters, that he flagged the NHW line, and that he made sure the dock plans minimized intrusion
into the relatively narrow waters at this location, and that he advised Mr. Folds that his upland development
opportunities likely would be very limited. Mr. Hardiman also indicated that there are no SAV issues for this
small dock project.
I am told that our client has asked DCM for renewal and sent in his check, but that the check remains
uncashed. Mr. Folds owns a number of different watercraft, some of which can easily access this area in two
feet of water. The fact that he owns larger boats does not strike me as a valid reason to deny him access via
smaller boats that can access water depths in the two -foot range.
2 of 4 6/8/2007 2:24 PM

RE: [Fwd: folds 2 -slip dock permit]
During my tenure in the Attorney General's Office, I recall discussions about the issue of landowners seeking
CAMA permits for very long piers and docks in order to reach water depths of four to five feet. I vividly recall
the Weeks case, where Rob Wheatly litigated some of those issues, but lost — in significant part because DCM
argued that "access to deep water" did not require that DCM permit access to water depths of four or five feet
and, in fact, that the agency was considering whether it could or should define private property riparian rights so
as to only require docks giving access to one-two feet of water because such depths were deep enough to float
canoes and other shallow draft vessels that historically were used. I bring this up because to me DCM (and
DMF) seem to be trying to have it both ways now — asserting on the one hand that pier and dock permit
applicants seeking access to four and five foot water depths across long, flat water bottom distances can be
denied because riparian rights law only requires that DCM grant them access to shallower depths, but then
asserting on the other hand that applicants seeking issuance of dock permits in shallower water depths can be
denied because the water is too shallow from a resource protection perspective based on speculation regarding
how the landowner MIGHT use the dock. I point all this out merely as background to illustrate our client's
confusion and frustration. All we seek is simple renewal of a previously granted CAMA General Permit that only
recently expired, and both our client and I are frustrated with the amount of time and effort tied to this effort, and
the apparent black hole that we have fallen into.
Regardless of what the CRC may or may not do in terms of future rule making, this appears to me to be a
straightforward permit renewal matter with very minor impact potential. Ted, if you could please call or write me
back at your earliest convenience, I would be most appreciative. Our client very much would like to get this
small facility built in order to have better access to his property for the summer season.
Best regards,
Clark
I. Clark Wright, Jr.
Ward and Davis, LLP
409 Pollock Street
New Bern, NC 28560
252-633-1101
252-633-9400 (fax)
252-229-5900 (cell)
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Checked by AVG Free Edition.
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M. Ted Tyndall, Assistant Director
NC Division of Coastal Mana ement
00 Commerce Ave.
Morehead City, NC 28557
[phone] FAX [phone]
No virus found in this incoming message.
Checked by AVG Free Edition.
3 of 4 6/8/2007 2:24 PM

RE: [Fwd: folds 2 -slip dock permit]
Version: 7.5.446 / Virus Database: 268.18.18/733 - Release Date: 3/25/2007 11:07 AM
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Checked by AVG Free Edition.
Version: 7.5.446 / Virus Database: 268.18.18/733 - Release Date: 3/25/2007 11:07 AM
M. Ted Tyndall, Assistant Director
C Division of Coastal Management
400 Commerce Ave.
Morehead City, NC 28557
[phone] FAX [phone]
No virus found in this incoming message.
Checked by AVG Free Edition.
Version: 7.5.446 / Virus Database: 268.18.18/734 - Release Date: 3/26/2007 2:31 PM
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4 of 4 6/8/2007 2:24 PM

FW: Dick Permit renewal corrected
s
Subject: FW: Dock Permit renewal corrected
From: "Clark Wright" <[e-mail]>
Date: Thu, 5 Apr 2007 11:39:05 -0400
To: "Tyndall, Ted \(Tyndall, Ted\)" <[e-mail]>
CC: "Alcoke, Merrie Jo" <[e-mail]>
Hello Ted — I hope you are doing well. I am sending this to you because our client has asked that I do so; I
would like to arrange a face-to-face meeting as soon as possible down at your offices, with you and Merrie Jo.
On our end it will be me and Mr. Folds. Mr. Folds has asked that I pass on his willingness to essentially drop
everything and drive down at any time to make such a meeting work. I likewise will do the same, and can make
any day next week work. We would like to respectfully request that Tere Barrett not be part of the meeting. If
Charles wishes to attend, that would be fine.
Please let me know ASAP when we might be able to meet.
Thanks much,
Clark
I. Clark Wright, Jr.
Ward and Davis, LLP
409 Pollock Street
New Bern, NC 28560
252-633-1101
252-633-9400 (fax)
252-229-5900 (cell)
From: Larry Folds (DIV) [mailto:[e-mail]]
Sent: Thursday, April 05, 2007 11:15 AM
To: [e-mail]
Subject: Dock Permit renewal corrected
Clark,
Just to recap my position, I am 64 years of age, and purchased almost 200 acres of Brown's Island 21
years ago. Last year, I received a Dock Permit from Mark Hardeman, who everyone considered a
dedicated, fair, and reasonable CAMA officer. I learned that Tere Barrett made Mr. Hardeman cut
back on the dock configuration that he had approved during his site visit. In this process Tere Barrett
let my permit lie on her desk for at least 30 days, and stripped from what Mark approved, my covered
slip and dock. She also has refused to approve or even cash my check for two moorings that Mark
said "I could have for the asking". For personal and financial reasons, I did not get my docks built
before my first permit expired; when I talked to Mr. Hardeman about that, he told me that getting it
renewed or reissued should not be a problem, since the CAMA rules have not changed and since my
property has not changed. I have spent months trying to get this permit issued or renewed again, and
Tere Barrett has refused to cooperate. The one time I spoke with her, she was extremely
unprofessional and antagonistic to me, and I have vowed never to deal with her personally again.
My personal opinion is, after talking with many many professionals and private individuals, that Ms
Barrett is nothing but an obstructionist who goes out of her way to treat people seeking permits and
assistance from her office with disrespect, and to simply not deal with them if the project is one she
does not like. I have had many landowners in the Brown's Island area tell me that she basically does
not want anyone to be able to get any kind of a permit in the area where I own my land, due to her
1 of 3 6/8/2007 2:26 PM

FW: Dock Permit renewal corrected
personal biases. I believe that she has consistently abused her authority, not only in my case, but in
almost every other instance she becomes involved in, no matter what area. I simply have too little
time left on this earth to deal with her further, as I build a dock for my boat, and a home for my
retirement.
If the management of CAMA can't resolve this issue, and find a CAMA employee who will deal with
me and my agents with respect and fairness, then the system is broken. I will not simply fold my tent
and go home. If I am not treated properly by the CAMA management and allowed to have the same
simple permit reissued that CAMA already has declared in writing is valid, then I want you to file a
complaint with the State Attorney General's office and with whatever State officials are above CAMA
management. I want to take whatever legal action is necessary to both protect my rights and expose
the actions of Tere Barrett in my case.
I hereby authorize you to forward this E-mail in order to confirm my position as herein stated to any
and all parties necessary. I am trying my best to be constructive about this, but my patience is
growing thin. I truly hope I won't have to call a press conference, and make this a public issue or seek
assistance from my elected representatives.
With my sincere regards,
Larry
Healty ,and Investment Company
Larry J. Folds. President.
Diversified Realty & Inv. Co.
290 Piccadilly Drive
Winston-Salem, NC 27104
Home: 336-765-7795
Off: 336-768-6680
Fax: [phone]
Cell: 336-210-6321
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Version: 7.5.446 / Virus Database: 268.18.26/746 - Release Date: 4/4/2007 1:09 PM
2 of 3 6/8/2007 2:26 PM

Tere & Mr. Folds #2
A
Subject: Tere & Mr. Folds #2
From: "Ted.Tyndall" <[e-mail]>
Date: Thu, 05 Apr 2007 14:31:37 -0500
To: "Charles >> i"Charles.S.Jones\"" <[e-mail]>
FYI
------- Original Message--------
Subject:Re: [Fwd: folds 2 -slip dock permit]
Date:Tue, 27 Mar 2007 07:30:47 -0500
From: Ted. Tyndall <[e-mail]>
To:icw(a7wardanddavis.com
CC:Tere Barrett <Tere.Barrett@,,ncmail.net>
References: <00790 1 c76fea$bOeb27a0$cf01 a8c0@CLARK>
Clark -
I am sure that Tere will be objective and professional in handling your client's request. As you can
imagine, the Division can not allow individual applicants to pick and choose who they work with
during the permitting process. This District has been short staffed for over a year now and Tere and
her staff are doing an admirable job in juggling the workload with the many pressures that
accompanies the job. Tere is the District Manager for the entire Morehead City area and has over
twenty years experience with the Division and I'm sure she will do a fine job during this process as
well. If there is a real problem in the fairness, timeliness and/or customer service processing of your
request, please contact me.
Although I thought that I would be able to squeeze the project into my schedule, I was obviously
wrong. I'm sure Tere will handle the situation appropriately, but if she needs assistance, she will let
me know.
Thank you. Ted T
Clark Wright wrote:
j Ted — thanks for the e-mail; I must say I am disappointed in that as I mentioned on the telephone, right or
wrong our client is concerned that Tere was not treating him fairly, and that is the whole reason I was trying
to work through you ...
i
Best regards,
Clark
I. Clark Wright, Jr.
Ward and Davis, LLP
409 Pollock Street
New Bern, NC 28560
252-633-1101
252-633-9400 (fax)
1 of 4
4/13/2007 4:02 PM

Tere & Mr. Folds #2
252-229-5900 (cell)
From: Ted.Tyndall [mailto:[e-mail]]
Sent: Monday, March 26, 2007 4:07 PM
To: Tere Barrett
Cc: Clark Wright
Subject: [Fwd: folds 2 -slip dock permit]
Tere - Please handle this case for Mr. Wright at your earliest convenience. Clark had wanted me
to handle but I am unable to squeeze him into my tight schedule at this time. Please keep me
informed of our actions. Thanks, Ted T.
-------- Original Message--------
Subjeet:folds 2 -slip dock permit
Date:Thu, 22 Mar 2007 17:23:42 -0400
From:Clark Wright <icw(cLwardanddavis.corn>
Reply-To:<icrvCa),wardanddavis.com>
Organization: Ward and Davis, LLP
To:Tyndall, Ted (Tyndall, Ted) <ted.tyndall(,Cy.ncmail.net>
CC:Alcoke, Merrie Jo <meredith.alcokeCc�,ncmail.net>
Hello Ted — I hope you are doing well. First, please pass on my best wishes to Charles for a speedy
recovery, and I just heard today he is in the hospital. Second, I realize you are fully occupied with the CRC
meeting up at Kill Devil Hills. However, I very much would like to get a speedy response to my repeated
inquiries to you over the past few weeks on the telephone re how best to obtain the permit renewal our
client is seeking regarding the two -slip dock previously permitted by DCM in CAMA General Permit No.
44209, which expired just last month, and which Mr. Folds is now prepared to move forward under. In this
regard, I have spoken with Mark Hardiman, the former DCM officer who wrote this permit. Mr. Hardiman
tells me that this location does not involve PNA waters, that he flagged the NHW line, and that he made
sure the dock plans minimized intrusion into the relatively narrow waters at this location, and that he
advised Mr. Folds that his upland development opportunities likely would be very limited. Mr. Hardiman
also indicated that there are no SAV issues for this small dock project.
I am told that our client has asked DCM for renewal and sent in his check, but that the check remains
uncashed. Mr. Folds owns a number of different watercraft, some of which can easily access this area in
two feet of water. The fact that he owns larger boats does not strike me as a valid reason to deny him
access via smaller boats that can access water depths in the two -foot range.
During my tenure in the Attorney General's Office, I recall discussions about the issue of landowners
seeking CAMA permits for very long piers and docks in order to reach water depths of four to five feet. I
vividly recall the Weeks case, where Rob Wheatly litigated some of those issues, but lost — in significant
part because DCM argued that "access to deep water" did not require that DCM permit access to water
depths of four or five feet and, in fact, that the agency was considering whether it could or should define
private property riparian rights so as to only require docks giving access to one-two feet of water because
such depths were deep enough to float canoes and other shallow draft vessels that historically were used.
I bring this up because to me DCM (and DMF) seem to be trying to have it both ways now — asserting on
the one hand that pier and dock permit applicants seeking access to four and five foot water depths across
long, flat water bottom distances can be denied because riparian rights law only requires that DCM grant
them access to shallower depths, but then asserting on the other hand that applicants seeking issuance of
dock permits in shallower water depths can be denied because the water is too shallow from a resource
protection perspective based on speculation regarding how the landowner MIGHT use the dock. I point all
this out merely as background to illustrate our client's confusion and frustration. All we seek is simple
2 of 4 4/13/2007 4:02 PM

Tere & Mr. Folds #2
renewal of a previously granted CAMA General Permit that only recently expired, and both our client and I
are frustrated with the amount of time and effort tied to this effort, and the apparent black hole that we have
fallen into.
Regardless of what the CRC may or may not do in terms of future rule making, this appears to me to be a
straightforward permit renewal matter with very minor impact potential. Ted, if you could please call or write
me back at your earliest convenience, I would be most appreciative. Our client very much would like to get
this small facility built in order to have better access to his property for the summer season.
Best regards,
Clark
I. Clark Wright, Jr.
Ward and Davis, LLP
409 Pollock Street
New Bern, INC 28560
252-633-1101
252-633-9400 (fax)
252-229-5900 (cell)
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M. Ted Tyndall, Assistant Director
NC Division of Coastal Management
00 Commerce Ave.
Morehead City, NC 28557
[phone] FAX [phone]
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3 of 4 4/13/2007 4:02 PM

Re: [FyAV: FW: Dock Permit renewal corrected]
Subject: Re: [Fwd: FW: Dock Permit renewal corrected]
From: Tere Barrett <[e-mail]>
Date: Fri, 13 Apr 2007 11:51:02 -0400
To: "Ted.Tyndall" <[e-mail]>
CC: "Charles.S.Jones" <[e-mail]>
All I know about this is that Mark wrote a permit for a dock that I will provide to
you. Mr. Folds had a request to install more than was issued because Mark told me
that it was half way across the creek. He first wanted 4 slips, agreed to reduce to
2, but wanted mooring pilings and boathouse waterward of the T -Head. The request
was to use for a 37' Egg Harbor with a draft of 313" according to the submitted
info. I told Mark to explain the 1/4, and delete anything that went beyond that, or
into any channel portion of the water body. I never spoke to Mr. Folds, or knew of
any conflict with it. Mark wrote, Folds signed, and that was the last I heard. Then
the request came about a year later to renew. The request and check came to Mark,
but it was at the time he was officially still with us, but not working. I
contacted someone, I suppose Mr. Folds, and told him that I simply needed to visit
the site, since I had never seen it. He didn't think that should be necessary. I
left it in his hands to set a time for us to go to the island. Later, a request
from Chuck Bissette, and I told him that I needed access to the site before I
re -wrote the permit. Never heard anything. For months, Chuckwill mention it
occasionally, and says that he is trying to work out getting me there, that he
understands and appreciates that I have to go to the site, and will arrange. He has
tried on several occasions, and has each time told me that Folds won't let him
arrange it, because he doesn't want me seeing the site. I am not sure what he has
been told by whom, or what he could possibly think I may see on the site, but I
have not dealt with him, and can't even picture the site, which is why I can't
write the permit without going out there. He does have a riparian neighbor owning
part of the island, who signed the first time on 11/09/05. The second time, Chuck
sent proof of attempt to notify, because it went unclaimed, which I told him was
fine.
Ted.Tyndall wrote:
Tere - FYI. I don't want a response to Clark or his client's email. We will
discuss later on. Just be cognizant of their perception of their dealings with
you and this office.
I (Charles will probably not be there) will meet with Clark and his client next
week or so. Please provide me with the information that you have on this
situation so that I will be informed of the setting and proposal at my meeting
(including the original permit). Thanks, Ted T.
-------- Original Message --------
Subject: FW: Dock Permit renewal corrected
Date: Thu, 5 Apr 2007 11:39:05 -0400
From: Clark Wright <[e-mail]>
Reply -To: <[e-mail]>
Organization: Ward and Davis, LLP
To: Tyndall, Ted (Tyndall, Ted) <[e-mail]>
CC: Alcoke, Merrie Jo <[e-mail]>
Hello Ted - I hope you are doing well. I am sending this to you because our
client has asked that I do so; I would like to arrange a face-to-face meeting as
soon as possible down at your offices, with you and Merrie Jo. On our end it will
be me and Mr. Folds. Mr. Folds has asked that I pass on his willingness to
essentially drop everything and drive down at any time to make such a meeting
work. I likewise will do the same, and can make any day next week work. We would
like to respectfully request that Tere Barrett not be part of the meeting. If
Charles wishes to attend, that would be fine.
1 of 3 4/13/2007 10:54 AM

Re: [Fwd: FW: Dock Permit renewal corrected]
Please let me know ASAP when we might be able to meet.
Thanks much,
Clark
**I. Clark Wright, Jr.**
**Ward and Davis, LLP**
**409 Pollock Street**
**New Bern****, NC 28560**
**252-633-1101**
**252-633-9400 (fax)**
**252-229-5900 (cell)**
------------------------------------------------------------------------
*From:* Larry Folds (DIV) [mailto:[e-mail])
*Sent:* Thursday, April 05, 2007 11:15 AM
*To:* [e-mail]
*Subject:* Dock Permit renewal corrected
Clark,
Just to recap my position, I am 64 years of age, and purchased almost 200 acres
of Brown's Island 21 years ago. Last year, I received a Dock Permit from Mark
Hardeman, who everyone considered a dedicated, fair, and reasonable CAMA officer.
I learned that Tere Barrett made Mr. Hardeman cut back on the dock configuration
that he had approved during his site visit. In this process Tere Barrett let my
permit lie on her desk for at least 30 days, and stripped from what Mark
approved, my covered slip and dock. She also has refused to approve or even cash
my check for two moorings that Mark said "I could have for the asking". For
personal and financial reasons, I did not get my docks built before my first
permit expired; when I talked to Mr. Hardeman about that, he told me that getting
it renewed or reissued should not be a problem, since the CAMA rules have not
changed and since my property has not changed. I have spent months trying to get
this permit issued or renewed again, and Tere Barrett has refused to cooperate.
The one time I spoke with her, she was extremely unprofessional and antagonistic
to me, and I have vowed never to deal with her personally again.
My personal opinion is, after talking with many many professionals and private
individuals, that Ms Barrett is nothing but an obstructionist who goes out of her
way to treat people seeking permits and assistance from her office with
disrespect, and to simply not deal with them if the project is one she does not
like. I have had many landowners in the Brown's Island area tell me that she
basically does not want anyone to be able to get any kind of a permit in the area
where I own my land, due to her personal biases. I believe that she has
consistently abused her authority, not only in my case, but in almost every other
instance she becomes involved in, no matter what area. I simply have too little
time left on this earth to deal with her further, as I build a dock for my boat,
and a home for my retirement.
If the management of CAMA can't resolve this issue, and find a CAMA employee who
will deal with me and my agents with respect and fairness, then the system is
broken. I will not simply fold my tent and go home. If I am not treated properly
by the CAMA management and allowed to have the same simple permit reissued that
CAMA already has declared in writing is valid, then I want you to file a
complaint with the State Attorney General's office and with whatever State
officials are above CAMA management. I want to take whatever legal action is
necessary to both protect my rights and expose the actions of Tere Barrett in my
2 of 3 4/13/2007 10:54 AM

Re: [Fy.,4: FW: Dock Permit renewal corrected]
case.
I hereby authorize you to forward this E-mail in order to confirm my position as
herein stated to any and all parties necessary. I am trying my best to be
constructive about this, but my patience is growing thin. I truly hope I won't
have to call a press conference, and make this a public issue or seek assistance
from my elected representatives.
With my sincere regards,
Larry
**
*Larry J. Folds. President.*
*Diversified Realty & Inv. Co.*
*290 Piccadilly* **Drive**
*Winston-Salem**, NC 27104*
**Home:336-765-7795**
**Off: 336-768-6680**
*Fax: [phone]*
*Cell: 336-210-6321*
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*M. Ted Tyndall, Assistant Director
*NC Division of Coastal Management <http://www.nccoastalmanagement.net/>
400 Commerce Ave.
Morehead City, NC 28557**
[phone] FAX [phone]
3 of 3 4/13/2007 10:54 AM

Re: [Fwd: FW: Dock Permit renewal corrected]
Subject: Re: [Fwd: FW: Dock Permit renewal corrected]
From: Tere Barrett <[e-mail]>
Date: Fri, 13 Apr 2007 12:00:44 -0400
To: "Ted.Tyndall" <[e-mail]>
CC: "Charles.S.Jones" <[e-mail]>
Also, Ted, I know you say that you are trying to remove yourself from these GP's,
but I also know that you cannot always do so. For my own credibility, when someone
such as this has a preconceived notion about me being subjective, or whatever it is
he thinks, without me having had any history at all on the project or with the
applicant, I would greatly appreciate it if you would tell them that as the DM, I
will be attending the meeting with you. I think the idea perpetuates itself when
they work with someone, Roger S, for instance, who has his own opinions, and keeps
relaying them to his clients, and then insists on working sans me. I can't gain
credibility with clients of Clark, or Roger, or Larry Zucchino, if they get to
choose not to work with me. Larry Z. told Pat Ausband similar info regarding me,
and after a long time, Pat and I actually met, and he has several times apologized
for believing Larry. We work very well together. It may be the same with Mr. Folds,
but not if he gets to choose to work without me. Just my feelings, for what its
worth.
Ted -Tyndall wrote:
Tere - FYI. I don't want a response to Clark or his client's email. We will
discuss later on. Just be cognizant of their perception of their dealings with
you and this office.
I (Charles will probably not be there) will meet with Clark and his client next
week or so. Please provide me with the information that you have on this
situation so that I will be informed of the setting and proposal at my meeting
(including the original permit). Thanks, Ted T.
-------- Original Message --------
Subject: FW: Dock Permit renewal corrected
Date: Thu, 5 Apr 2007 11:39:05 -0400
From: Clark Wright <[e-mail]>
Reply -To: <[e-mail]>
Organization: Ward and Davis, LLP
To: Tyndall, Ted (Tyndall, Ted) <[e-mail]>
CC: Alcoke, Merrie Jo <[e-mail]>
Hello Ted - I hope you are doing well. I am sending this to you because our
client has asked that I do so; I would like to arrange a face-to-face meeting as
soon as possible down at your offices, with you and Merrie Jo. On our end it will
be me and Mr. Folds. Mr. Folds has asked that I pass on his willingness to
essentially drop everything and drive down at any time to make such a meeting
work. I likewise will do the same, and can make any day next week work. We would
like to respectfully request that Tere Barrett not be part of the meeting. If
Charles wishes to attend, that would be fine.
Please let me know ASAP when we might be able to meet.
Thanks much,
Clark
**I. Clark Wright, Jr.**
**Ward and Davis, LLP**
**409 Pollock Street**
1 of 3 4/13/2007 12:32 PM

f
Re: [Fwd: FW: Dock Permit renewal corrected]
**New Bern****, NC 28560**
**252-633-1101**
**252-633-9400 (fax)**
**252-229-5900 (cell)**
------------------------------------------------------------------------
*From:* Larry Folds (DIV) [mailto:[e-mail])
*Sent:* Thursday, April 05, 2007 11:15 AM
*To:* [e-mail]
*Subject:*
Clark,
Dock Permit renewal corrected
Just to recap my position, I am 64 years of age, and purchased almost 200 acres
of Brown's Island 21 years ago. Last year, I received a Dock Permit from Mark
Hardeman, who everyone considered a dedicated, fair, and reasonable CAMA officer.
I learned that Tere Barrett made Mr. Hardeman cut back on the dock configuration
that he had approved during his site visit. In this process Tere Barrett let my
permit lie on her desk for at least 30 days, and stripped from what Mark
approved, my covered slip and dock. She also has refused to approve or even cash
my check for two moorings that Mark said "I could have for the asking". For
personal and financial reasons, I did not get my docks built before my first
permit expired; when I talked to Mr. Hardeman about that, he told me that getting
it renewed or reissued should not be a problem, since the CAMA rules have not
changed and since my property has not changed. I have spent months trying to get
this permit issued or renewed again, and Tere Barrett has refused to cooperate.
The one time I spoke with her, she was extremely unprofessional and antagonistic
to me, and I have vowed never to deal with her personally again.
My personal opinion is, after talking with many many professionals and private
individuals, that Ms Barrett is nothing but an obstructionist who goes out of her
way to treat people seeking permits and assistance from her office with
disrespect, and to simply not deal with them if the project is one she does not
like. I have had many landowners in the Brown's Island area tell me that she
basically does not want anyone to be able to get any kind of a permit in the area
where I own my land, due to her personal biases. I believe that she has
consistently abused her authority, not only in my case, but in almost every other
instance she becomes involved in, no matter what area. I simply have too little
time left on this earth to deal with her further, as I build a dock for my boat,
and a home for my retirement.
If the management of CAMA can't resolve this issue, and find a CAMA employee who
will deal with me and my agents with respect and fairness, then the system is
broken. I will not simply fold my tent and go home. If I am not treated properly
by the CAMA management and allowed to have the same simple permit reissued that
CAMA already has declared in writing is valid, then I want you to file a
complaint with the State Attorney General's office and with whatever State
officials are above CAMA management. I want to take whatever legal action is
necessary to both protect my rights and expose the actions of Tere Barrett in my
case.
I hereby authorize you to forward this E-mail in order to confirm my position as
herein stated to any and all parties necessary. I am trying my best to be
constructive about this, but my patience is growing thin. I truly hope I won't
have to call a press conference, and make this a public issue or seek assistance
from my elected representatives.
With my sincere regards,
Larry
2 of 3 4/13/2007 12:32 PM

Re: [Fwd: FW: Dock Permit renewal corrected]
V
*
*Larry J. Folds. President.*
*Diversified Realty & Inv. Co.*
*290 Piccadilly* **Drive**
*Winston-Salem**, NC 27104*
**Home:336-765-7795**
**Off: 336-768-6680**
*Fax: [phone]*
*Cell: 336-210-6321*
No virus found in this incoming message.
Checked by AVG Free Edition.
Version: 7.5.446 / Virus Database: 268.18.26/746 - Release Date: 4/4/2007 1:09 PM
No virus found in this outgoing message.
Checked by AVG Free Edition.
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*M. Ted Tyndall, Assistant Director
*NC Division of Coastal Management <http://www.nccoastalmanagement.net/>
400 Commerce Ave.
Morehead City, NC 28557**
[phone] FAX [phone]
3 of 3 4/13/2007 12:32 PM

Folds Dock Permit
Subject: Folds Dock Permit
From: "Clark Wright" <[e-mail]>
Date: Thu, 17 May 2007 18:06:50 -0400
To: "Tyndall, Ted \(Tyndall, Ted\)" <[e-mail]>
Hello Ted - I know you are tied up this week with the CRC meeting, but I got a call from Chuck
Bissette saying that you would be contacting me re Larry Folds' dock permit; I am traveling Friday,
but reachable on my cell (229-5900), and back in the office Monday. Note my new contact
information below if you have not already updated your records. Give me a call when you have a
minute.
thanks much,
Clark
PLEASE NOTE - As of May 1, 2007, Scott Davis, Mark Hartman and I have purchased Bill
Kafer's building at 209 Pollock Street and formed a new law firm, focused on the legal needs of
businesses, local governments, developers, financial institutions, members of the medical
community and agriculture/forestry. My practice will continue to focus on environmental law,
where I have been listed in Best Lawyers in America for over ten years, as well
as administrative/regulatory law and select civil and appellate litigation matters. My good
friend and former law partner Dec Ward continues his excellent family law practice in his 409
Pollock Street office building while my good friend and former law partner John Ward is
continuing his excellent mediation and civil litigation practices just up the street at 219 Pollock
Street. Please update your records for our firm as follows:
I. Clark Wright, Jr.
DAVIS HARTMAN WRIGHT PLLC
209 Pollock Street
New Bern, NC 28560
252-514-2828 (office)
252-514-9878 (fax)
252-229-5900 (cell)
icwC dhwle_gal.com
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1 of 1 6/4/2007 2:28 PM

Larry Folds Dock Matter
Subject: Larry Folds Dock Matter
From: "Clark Wright" <[e-mail]>
Date: Fri, 25 May 2007 11:10:56 -0400
To: "Tyndall, Ted \(Tyndall, Ted\)" <[e-mail]>
CC: "Folds, Larry" <[e-mail]>
Hello Ted - thanks much for taking the time to speak with me this morning re Larry Fold's General
Permit application. As I understand our discussion, you have indicated DCM will not allow the use of
the GP process for this permit, even though a prior DCM official issued a (now expired) GP for
exactly the same project about a year ago. I understand that you will be sending me a letter to confirm
your decision and explain the IP process. Mr. Folds belives that his previously permitted location is
essentially the only reasonable access he has to his island property. If DCM has identified any other
viable access locations, please let us know. In the end, Mr. Folds is entitled to both reasonable access
TO his long -owned island property, and legal riparian rights giving him access to deep water FROM
that property as well.
Thanks much for your attention to this matter, and best personal regards for the Memorial Day
Weekend.
Clark
PLEASE NOTE - As of May 1, 2007, Scott Davis, Mark Hartman and I have purchased Bill
Kafer's building at 209 Pollock Street and formed a new law firm, focused on the legal needs of
businesses, local governments, developers, financial institutions, members of the medical
community and agriculture/forestry. My practice will continue to focus on environmental law,
where I have been listed in Best Lawyers in America for over ten years, as well
as administrative/regulatory law and select civil and appellate litigation matters. My good
friend and former law partner Dec Ward continues his excellent family law practice in his 409
Pollock Street office building while my good friend and former law partner John Ward is
continuing his excellent mediation and civil litigation practices just up the street at 219 Pollock
Street. Please update your records for our firm as follows:
1. Clark Wright, Jr.
DAVIS HARTMAN WRIGHT PLLC
209 Pollock Street
New Bern, NC 28560
252-514-2828 (office)
252-514-9878 (fax)
252-229-5900 (cell)
icw(a,dhwlegal.com
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1 of 1 6/8/2007 2:33 PM

Larry Folds, etc.
Subject: Larry Folds, etc.
From: "Clark Wright" <[e-mail]>
Date: Thu, 31 May 2007 17:25:37 -0400
To: "Tyndall, Ted \(Tyndall, Ted\)" <[e-mail]>
Hello Ted - just a reminder note re your letter on Larry Folds' dock permit application; also, I wanted
to let you know I am mailing you a pretty long comment letter on the Homers Point application.
If you could call or e-mail me tomorrow re the status of your response to Larry Folds, I would be most
appreciative.
Thanks much,
Clark
PLEASE NOTE - As of May 1, 2007, Scott Davis, Mark Hartman and I have purchased Bill
Kafer's building at 209 Pollock Street and formed a new law firm, focused on the legal needs of
businesses, local governments, developers, financial institutions, members of the medical
community and agriculture/forestry. My practice will continue to focus on environmental law,
where I have been listed in Best Lawyers in America for over ten years, as well
as administrative/regulatory law and select civil and appellate litigation matters. My good
friend and former law partner Dec Ward continues his excellent family law practice in his 409
Pollock Street office building while my good friend and former law partner John Ward is
continuing his excellent mediation and civil litigation practices just up the street at 219 Pollock
Street. Please update your records for our firm as follows:
I. Clark Wright, Jr.
DAVIS HARTMAN WRIGHT PLLC
209 Pollock Street
New Bern, NC 28560
252-514-2828 (office)
252-514-9878 (fax)
252-229-5900 (cell)
icw(a dhwlegal.com
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1 of 1 6/8/2007 2:33 PM

I—
Larry Folds
1 of 2
Subject: Larry Folds
From: "Clark Wright" <[e-mail]>
Date: Mon, 4 Jun 2007 16:40:33 -0400
To: "Tyndall, Ted \(Tyndall, Ted\)" <[e-mail]>
CC: "Folds, Larry" <[e-mail]>
Hello Ted - I just received a call from our client in which he indicated that he dropped in to see you on
the spur of the moment this morning. Larry wanted me to pass on his apologies to the extent that he
expressed too much of his passion or frustration to you regarding his efforts to obtain permits giving
him reasonable access to the 180 acres he owns on Browns Island. With regard to the two -slip dock
permit, when you and I spoke during the week of May 21 st, you told me that your site visit convinced
you that an IP would be needed for this project, thus taking it out of the GP process, and that you
would write Mr. Folds a letter to that effect by the end of the following week (i.e., the week of May
28th). I realize there is a lot going on at DCM, including the new Director being appointed, but I also
know that Mr. Folds has owned this property a long time and tried to make do without any dock
giving effect to his riparian rights, and I am sure we all know how hard he is pushing to accomplish
that this summer.
I understand that you told Larry you would get your letter out this week, and I wanted to document
and confirm that. To the extent you can spell out for him what he needs to do to properly submit a
complete permit application, I know Mr. Folds would appreciate it, and please also copy me.
On the issue of the separate mooring permits Mr. Folds has also been seeking for a long time now, he
tells me that the location for these is about 250 feet off the sandy beach on the north side of the creek,
and that the $100.00 check he sent Mark over a year ago remains uncashed by DCM. Mr. Folds
wants to pursue this permit as well, so he can have a place to properly moor his larger boat without
getting into the shallower waters of the creek. If you could find out the status of this separate permit
process and how we can get it moving again, and get back to me, I would be most appreciative.
Thanks much, Ted.
Best personal regards,
Clark
I. Clark Wright, Jr.
DAVIS HARTMAN WRIGHT PLLC
209 Pollock Street
New Bern, NC 28560
252-514-2828 (office)
252-514-9878 (fax)
252-229-5900 (cell)
icw(a,dhwleMal.com
Mr. Wright has been selected by his peers for inclusion in Best Lawyers in America for over a decade.
6/8/2007 2:34 PM