8145_CASPER, IRENE_19910423

O
GP-"A-S1q5
CAMA AND DREDGE AND FILEFC5
GENERAL2 4 199 APR 3PERMITd �M
as authorized by the State of North Carolina, {. EU_"Ih iW
Department of Natural Resources and Community Development and the Coastal Resources Commission
in an area of environmental concern pursuant to 15 NCAC , iI . 20k-!
Applicant Name -- Irene Qi. -,per Phone Number41c)_26_34Tg
Address 59J. 1.ongbeach Drive
City iertford State "C Zip 21944
Project Location (County, State Road, Water Body, etc.) Perquinans County, off SR 42 1 , T,nn" Reach ?tet tPc
Lot 22, adjacent Albanarle Sound.
Type of Project Activity 19 x pier with attached 20 x 20' platform
PROJECT DESCRIPTION SKETCH 1"r, �S, 1~,W
°ier (dock) length 180 x h
o 1 atfor-:
Groin length
number
Bulkhead length
max. distance offshore
Basin, channel dimensions
cubic yards
Boat ramp dimensions
Other
(SCALE:
See Attached Plat
This permit is subject to compliance with this application, site
drawing and attached general and specific conditions. Any
violation of these terms may subject the permittee to a fine,
imprisonment or civil action; and may cause the permit to be-
come null and void.
This permit must be on the project site and accessible to the
permit officer when the project is inspected for compliance.
The applicant certifies by signing this permit that 1) this pro-
ject is consistent with the local land use plan and all local
ordinances, and 2) a written statement has been obtained from
adjacent riparian landowners certifying that they have no
objections to the proposed work.
In issuing this permit the State of North Carolina certifies that
this project is consistent with the North Carolina Coastal
Management Program.
W
} / applicant's signature
permit officer's signature
04/23/91 0//23/
issuing date expiration date
attachments IH .2201)
application fee $50.00 pd. ek:'# 2109

State of North Carolina
LACY H. THORNBURG Department of Justice
ATTORNEY GENERAL P.O. BOX 629
RALEIGH
27602-0629
July 22, 1991
Honorable Thomas R. West
Administrative Law Judge
Hearing Officer
Office of Administrative Hearings
Post Office Drawer 27447
Raleigh, North Carolina 27611-7447
1
JUL 2 1991 ,#!`,
mit _rrr di
RE: Stanley and Jean Szwed v. Department of Environment,
Health, and Natural Resources, Division of
Coastal Management, File No. 91 EHR 0551
Dear Judge West:
Enclosed please find a copy of the Prehearing Statement of
Respondent in the above -referenced matter. Please note that G.S.
113A -122(c) requires the Coastal Resources Commission to make a
final decision on this matter within 180 days of June 17, 1991,
unless the Permittee, Irene Casper, agrees to a longer time
period. Therefore, I urge you to schedule a prehearing
conference so a hearing date can be agreed upon in order to
present this matter to the Commission at its November 21 and 22,
1991, meeting.
Thank you for your cooperation in this matter.
/ Sincerely,
LACY H. THORNBURG
F' Attorney General
David G. Heeter
Associate Attorney General
DGH/ s d
attachment
cc: Preston Pate
Dave Griffin
Irene Casper
An Equal Opportunity/ Affirmative Action Employer

STATE OF NORTH CAROLINA
COUNTY OF PERQUIMANS
STANLEY AND JEAN SZWED,
Petitioners
V.
NORTH CAROLINA DEPARTMENT
OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES,
DIVISION OF COASTAL
MANAGEMENT,
Respondent.
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
FILE NO. 91 EHR 0551
PREHEARING STATEMENT
OF RESPONDENT
NOW COMES the Division of Coastal Management of the North
Carolina Department of Environment, Health and Natural Resources,
Respondent, by and through the undersigned pursuant to G.S.
150B -33(b)(4) and Regulation 26 NCAC 3 .0004 and files prehearing
statements in the above -captioned matter with the Office of
Administrative Hearings in accordance with its Order of June 24,
1991.
1. This contested case hearing arose because the Chairman
of the Coastal Resources Commission granted a Third Party Hearing
Request by Stanley and Jean Szwed to challenge the issuance of
CAMA General Permit No. 8145A to Irene Casper to construct a 6'
wide by 180' long pier with a 20' by 20' platform on the end over
the waters of Albemarle Sound, Perquimans County, North
Carolina. Pursuant to G.S. 113A -121.1(b), a third party, i.e.
someone other than the Permittee or the Secretary, Department of
Environment, Health, and Natural Resources, may not seek a
contested case hearing to challenge the issuance of a CAMA Permit

unless the Coastal Resources Commission (CRC) first determines
that such a hearing is appropriate. G.S. 113A -121.1(b) provides
that the determination as to whether a contested case hearing is
appropriate shall be based upon a consideration of three factors,
and the CRC has delegated the authority to make such
determinations to its Chairman. Rule 15A NCAC 7J .0301(b).
Upon considering the information provided to him by the
Petitioners and the Respondent and their arguments, the Chairman
granted the Petitioners' Third Party Hearing Request. However,
in granting the Petitioners' Third Party Hearing Request, the
Chairman ruled that the Petitioners had demonstrated a
substantial likelihood of prevailing in a contested case hearing
only on their allegation that the authorized pier was
inconsistent with Rule 15A NCAC 7H .1205(b) which provides that
"Piers, docks, and boat houses shall not extend beyond the
established pier length along the same shoreline for similar
use."
Under G.S. 113A -121.1(b), a third party has a right to file
a Contested Case Hearing Petition with the Office of
Administrative Hearings to challenge the issuance of a CAMA
Permit only if the CRC grants the third party's Hearing Request
or a court upon judicial review determines the Hearing Request
was improperly denied. The Petitioners filed a Contested Case
Hearing Petition with OAH after the Chairman issued his Order
finding the only issue on which they had a substantial likelihood
of prevailing was the length of the pier under Rule 15A NCAC 7H
.1205(b) and did not attempt to seek judicial review of that part
of his Order finding they had no substantial likelihood of

prevailing on the other issues they raised. Therefore it is the
Respondent's position that the only issue properly before the
Administrative Law Judge is whether the pier authorized by CAMA
General Permit No. 8145A is consistent with Rule 15A NCAC 7H
.1205(b). This is the sole issue before the Administrative Law
Judge. The controlling rule is 15A NCAC 7H .1205(b) and the
controlling statute is G.S. 113A -120(x)(8) which provides that a
CAMA permit application should be issued unless it is found to be
inconsistent with one of the State guidelines adopted by the CRC.
2. The Respondent contends that the length of the pier and
platform authorized by CAMA General Permit No. 8145A is
consistent with Rule 15A NCAC 7H .1205(b) for the reasons already
stated in the Respondent's Recommendation to the Chairman of the
CRC.
3. Witnesses for the Respondent include, but are not
limited to, the following:
1. Preston Pate, Assistant Director, DCM;
2. David Griffin, District Manager, DCM;
3. Todd Ball, Field Representative, DCM;
4. Irene Casper, Permittee; and
5. All of the Petitioner's witnesses.
4. Respondent, pursuant to G.S. 1A-1, Rules of Civil
Procedures, Article 5, plans to limit its discovery to Requests
for Admissions, Production of Documents and Things and
Interrogatories to Parties. Discovery is estimated to take sixty
(60) days.

5. Respondent will stipulate to holding the hearing in
Perquimans County.
6. The length of the hearing is estimated to be one day.
7. Respondent will be represented by the undersigned.
S. G.S. 113A -122(c) requires that the Coastal Resources
Commission make a final decision on this matter within 180 days
of June 17, 1991, unless the Permittee, Irene Casper, agrees to a
longer time period. Unless Irene Casper agrees to a longer time
period, the hearing needs to be scheduled so the CRC can make its
decision at its November 21 and 22, 1991, meeting.
9. The Administrative Law Judge has not yet ruled on Irene
Casper's Motion to Intervene. Once this has been done,
Respondent will make an appropriate Motion to limit the issue
before the Administrative Law Judge and the evidence to be heard.
Respectfully submitted this the 17W day of
J d:�3 , 1991.
LACY H. THORNBURG
Attorney General
I
David G. Heeter
Associate Attorney General
N.C. Department of Justice
P.O. Box 629
Raleigh, NC 27602-0629
919/733-7247

CERTIFICATE OF SERVICE
I hereby certify that I have caused the attached PREHEARING
STATEMENT OF RESPONDENT to be served on Stanley and Jean Szwed,
acting probe, by causing the same to be deposited in the United
States Mail in an envelope addressed to Stanley and Jean Szwed at
Route 3, Box 588, Hertford, North Carolina 27944, and bearing
sufficient postage for delivery by first class mail.
Respectfully submitted this the _ '-t 0- day of
LACY H. THORNBURG
Attorney General
Ute' a..r Q -'e-� . /,I
David G. Heeter
Associate Attorney General
N.C. Department of Justice
P.O. Box 629
Raleigh, NC 27602-0629
919/733-7247
S-234

a,,.STAlF4 MN
/
J 1 9
_ JUN 2 9 1991 !
State of North Carolina~
Department of Environment, Health, and Natural Resources
Division of Coastal Management
225 North McDowell Street • Raleigh, North Carolina 27602
James G. Martin, Governor Roger N. Schecter
William W Cobey, Jr., Secretary Director
June 26, 1991
M E M O R A N D U M
TO: Pres Pate
FROM: Dedra Blackwell
RE: Lucy R. Hanson, CMT -02-91
Stanley P. & Jean C. Szwed, CMT -03-91
Attached please find copies of the above-named contested
case petitions. Chairman Harrington granted their third party
hearing requests on June 3, 1991. If I may be of further
assistance please call.
/dab
Attachments
cc: Dave Heeter
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

JUN1.991
F,. 'J
COASTAL RESOURCK COMM -
NRC
(Petitioner leave blank)
DCM FORM 1
PETITIONER'S NAME C2.14 //Y SON CONTESTED CASE PETITION
ON CAMA PERMIT DECISION
COUNTY lQ Gi u- / ir) 0 N S
PLEASE, TAKE NOTE that the undersigned, ' a person directly
affected by the decision of (check one):
X a Local Permit Officer acting on a CANA Minor
Development Permit Application; or
the Division of Coastal Management, .
Department of Environment, Health, and
Natural Resources, acting on a LAMA Major
Development/State Dredge and Fill Permit
Application -'-
hereby appeals such decision under G.S. 113A -121.1(a) -and
petitions for a contested case hearing pursuant to G.S. Chapter -
150B. -_
The.undersigned is (check one):
the Permit Applicant -or Permittee;
- -- the Secretary, DEHNR, in the case of a decision by `-
I:
a local official'-.on.a Minor Permit Application; or�-
a third party Who has been granted permission to
file an appeal and-iepetition for a hearing by t
Coastal Resources Commission
The' undersigned alleges the following facts tending to
show that the Local Permit Officer or the Division of
Coastal Management has._d-p-priveALthe Appellant of property or
has otherwise substantially prejudiced the Appellant's
rights and has (check as appropriate):
1. / / exceeded its authority or jurisdiction;
2. / / acted erroneously;
3. / / failed to use proper procedure;
4. /�[/ acted arbitrarily or capriciously; or
5. / / failed to act as required by statute or law.
REVISED: MARCH 6, 1990

s,
s
r r< ;-(Please ; state ° ,;alle.ged
`a`Affidavitato--.this.:::form)., , �.
facts below or _; t attach ' a j,signed
=s a _ i �i•�?�L ..�'�,�`. _�..—.� sty P.: n � .. � - __ _ . r', � ri F�l v'�"`.:� �7 ....u. dw..,.-" _--.,
ne
- -
`>�_�'
cm_•ca-w�" �" xrrer�.a�wc �we�.A het*" �'�"�?�� �-�=r= - _ -. R .s.i
O�.�� .y
��u i�.Z' aa. � � .�'�X rr.�c '. : ��-"l�'a'•e`.� _ _ _,�„eace�`.Ce�E
MY
r -7.
4e aXr
.ate,
omn}�i s 4n Expires /--0?9-91
1�"sr •r�"'�.-�� tee, - �. �_: . ~ _. :`' -.- - — e �.
k• `7n the case' of a CAMA Minor Development Permit,
by MW
.ation by the Local Permit Officer that the
PrP n .x —t
-� =-Applicant has- received a final "decision 'from -the -`locals _'
government;.:muet.:be Submitted (A .copy of the permit
decie on ;attached to this _ .:farm will constitute
verification) ,-_:(15A NCAC_7J .0302) -
REVISED: MARCH 6, 1990

IF
NOTE: This Petition must be filed within twenty (20) days of
the decision by the Division of Coastal Management or
Local Permit Officer. Failure to do so constitutes
waiver of the opportunity for a hearing. (15A NCAC 7J
.0302(b)) The original Petition should be filed with
the:
Chief hearing Officer
Office of Administrative hearings
Post Office Drawer 27447
Raleigh, North Carolina 27611-7447
A Certificate of Service should accompany this Petition
showing that copies have been served on the following:
Director, Division of Coastal Management
Post Office Box 27687
Raleigh, North Carolina 27611; and
General Counsel,
Office of General Counsel
Post Office Box 27687
Raleigh, North Carolina 27611
Ae¢-D�—
Signature of P itioner or Attorney
REVISED: MARCH 6, 1990

CERTIFICATE OF SERVICE
I certify that this Petition has been served on the State
agencies named below by depositing copies of it with the United
States Postal Service with sufficient postage or by personally
delivering copies to the named agencies.
Served on: Director
Division of Coastal Management
P.O. Box 27687
galeigh, NC 27611; and
General Counsel
Office of General Counsel
P.O. Box 27687
Raleigh, NC 27611
This the day of _ ► 19�•
Signature of etitioner or Attorney
REVISED: MARCH 6, 1990

AFFIDAVIT - FACTS
A. The "RECOMMENDATION OF THE DEVISION OF COASTAL MANAGEMENT"
filed by David G. Heeter, Deputy General Counsel, Office of
General Counsel, NC Department of Environment, Health and Natural
Resourses is full of inaccuracies and ommissions of fact. I wish
to be allowed to correct these inaccurancis and omissions.
B. The Caspers have not made any effort to add to the existing
pier or construct a new pier since 1982 when the Army, Corps of
Engineers did a public service review and determined that a pier
of 106' in length was fair to all the riparian owners in this
cove.
Early in 1990, I considered selling my home in Longbeach and
contacted a realtor. The news reached the Caspers and they have
approached me many times since wanting to buy my house or at least
have first refusal.
Also since that time, they have taken or tried to take the follow-
ing actions which directly adversely affect my property and its,
value:
1. Cut down a )ovely old tree in the park which could have stood
another 50 years.
2. Proposed an extension to the existing pier to 250' which would
extend directly across the front of my property.
3. Proposed building a shed in the park to shelter picnics and
parties. In the 1960's, there were grills and garbage receptacles
in the park and people used them and left their garbage for us to
clean up. In the absence of an organized homeowner's association
and since people who would be using it are all weekenders, we
objected on the basis that we would again have to clean up the
park for health and environmental reasons.
4. They now propose building a 200' pier and deck which would
also expand directly in front of my property.
The realtor advised that__t_.ese pi-ers, decks and sheds would have
extremely adverse affect on the value of the property for use or
sale.
The Caspers frantic activity to develop the area and cause the
value of the property to drop is directly related their desire to
buy my home.
C. I wish to be allowed to submit evidence as follow:
1. Photographs which will show that the water is less than 6"
deeper at the site of the proposed pier and that the grass is
equally deep at that site.
2. Photographs showing the type of parties and the large variety
of cars, trucks, boats and other vehicles which arrive on
weekends.
3. Written evidence of the Caspers desire to buy my home.
4. My letter of 9/28/90 objecting to a structure in the park.
5. Other evidence as already summarized or as may be deemed
pertinent.

Page 2
D. The i ssizance of this permit is arbitrary and capricious
because:
]. The evidence shows that the proposed pier cannot satisfy the
Caspers desire for deeper water and .less grass. The most that can
be gained is 4" to 6" in depth. Balanced against the adverse
affects it will have on the other residents use and enjoyment of
the water, quality of human environment, scenic and recreational
value and property values in the area, it does not seem reasonable
to rule against the riparian property owners and other residents.
The Caspers already have five structures which give them riparian
access.
2. Our waters are within. the Esturi.n.e and Public 'frust Areas of
Environmental. Concern and a breeding _ground for, many varieties of
fish and crabs, white swans, geese and ducks and other. wildlife.
To set aside our concern for the environment for one pier which
accomplishes :Little does not seem reasonable.
3. According to the way DCM has drawn the riparian access
dividing lines, the owner of Tots #24 and/or #25 will have a 200'
pier located less than 50' from the park and boat ramp and not the
150' suggested by them. This will certainly interfere with the
riparian rights of those residents who use the facilities.
4. It set, a precedent allowing 200' piers all along the shore-
line and disregards the established pier length, the environment
and other residents rights. Inthis cove we will have the spoke
and wheel effect and our decks will. all meet in a cozy little nest
in the middle.
This Affidavit containing facts is being submitted as an integral
part of the "CONTESTED CASE PETITION ON CAMA PERMIT DECISION"
being submitted to Chief I-Earing -Offi.cer,'Otfi.ce of Administrative
Hearings, Post Office Drawer 27447, Raleigh, North Carolina
276:1.1-7447.
Date
Name of"Petitioner.

_ u y 4local
5 '�
N !J ' •C '
p S .r
• jz t2 �
y 13
.r..- L o
.J,
14 �''` '` ..t._
i 5 �.' �.
I fi 7 _ �a �w S
18 i 4 I3 ' Z
15 I
1.7
�' � r N • A � * .f1 � .�il
Cl
S. CAwr.
uurm s
zz.
/ / `" / �' ^ .i X23 M • CAS PE
21 �' Z
f
22.
,y
Z3 �. zs 0
106, ?ISR r. s
24
DRI V~
fl�oP4s�D / 2S ,,�. j•• s.
"low
zo x za
PARK + „� ' 3 t+, s �' 8;
R

STATE OF NORTH CAROLINA
COUNTY OF PERQUIMANS
IN THE MATTER OF: )
REQUEST FOR CONTESTED )
CASE HEARING BY )
LUCY HANSON )
BEFORE THE CHAIRMAN
NORTH CAROLINA
COASTAL RESOURCE COMMISSION
Pursuant to NCGS 113A -121.1(b) and 15 NCAC 7J.0301(b), this
matter came before the undersigned Chairman of the Coastal
Resources Commission as a request for a contested case hearing
concerning the issuance of CAMA General Permit 8145A to Irene
Casper for construction of a pier in the waters of Albemarle
Sound from Ms. Casper's property in Longbeach Estates, Perquimans
County, North Carolina.
Upon consideration of the petition for a contested case
hearing, answers to the petition filed by respondent Department
of Environment, Health and Natural Resources and the record
documents, I find as follows:
1. Petitioner Lucy Hanson owns the riparian property
adjacent to the property that is. the subject of CAMA General
Permit 8145A. As such, petitioner is directly affected by the
permit decision for purposes of G.S. 113A-121.1.
2. Petitioner has alleged the permit decision to be
contrary to applicable coastal management statutes and
regulations.

-2-
3. With regard to the statutes and regulations cited in
petitioner's request for hearing, petitioner was required under
NCGS 113A -121.1(b) to show a substantial likelihood of success on
the merits.To meet that standard, petitioner was required to
show, based on the permit record and an appropriate forecast of
other evidence, a prima facie case of error in the permi.tting
decision.
4. Petitioner's request for hearing raises the following
three issues:
a. Whether the permitted pier exceeds the
established pier length on the shoreline for
similar uses in violation of 15A NCAC 7H.1205(b);
b. Whether the pier would have a significant
adverse effect on petitioner's riparian access
rights;
C. Whether the permitted pier would unduly
interfere with the public trust rights in the
waters of Albemarle Sound;
d. Whether the permitted pier would have a
significant adverse effect on the public health,
safety and welfare.
5. Petitioner has adequately alleged a violation of 15A
NCAC 7H.1205(b) and has demonstrated a substantial likelihood of
prevailing in a contested case hearing in that the permitted pier
appears to exceed the length of existing piers on the shoreline
and, in view of the Division of Coastal Management's
interpretation of the rule, there is a genuine issue as to the
relationship between the cited rule and 15A NCAC 7K.0203(c)(1)
which exempts private piers of up to 200 feet in length.

-3-
6. Petitioner. has failed to demonstrate a substantial
likelihood of prevailing in a contested case hearing on the issue
of significant adverse impact on petitioner's riparian access
rights in that petitioner has alleged only that the permitted
pier would obstruct the view from petitioner's property and North
Carolina law does not recognize a scenic easement as being one of
the incidents of riparian ownership. Petitioner has failed to
allege that the permitted pier would actually interfere with
petitioner's access to the water or with any other riparian right
recognized under North Carolina law and the record indicates that
the Division of Coastal Management has equitably apportioned
riparian access areas among the contiguous riparian property
owner in order to assure water access.
7. Petitioner has failed to demonstrate a substantial
likelihood of prevailing on the allegation that the permitted
pier would unduly interfere with the exercise of public trust
rights in the waters of Albemarle Sound in that the permitted
pier would be located 150 feet from the public boat ramp and park
identified by petitioner and the waters in the vicinity of the
proposed pier are, by petitioner's admission, extremely shallow.
Petitioner further has cited no facts tending to show that the
permitted pier would have public trust impacts beyond those
associated with the construction of any pier in public trust
waters and coastal management regulations specifically identify

MEM
piers as an acceptable use of public trust waters. 15A NCAC
7H.0207(d).
8. Petitioner has failed to demonstrate a substantial
likelihood of prevailing on the allegation that the pier would
have a significant adverse impact on the public health, safety
and welfare in that petitioner has cited no factual basis for the
allegation that the pier would cause trash and sediment to
accumulate along the shoreline or that such accumulation, if it
did occur, would violate any coastal management statute or
regulation.
For the reasons cited above, petitioner has demonstrated, by
an appropriate forecast of the evidence, a substantial likelihood
of prevailing, as required by NCGS 113A -121.1(b), only on the
issue of the pier's consistency with 15A NCAC 1205(b) and
petitioner's request for a contested case hearing is hereby
GRANTED solely as to that issue. Petitioner has failed to
demonstrate a substantial likelihood of prevailing on the
remaining allegations set forth in the request for hearing and as
to those allegations, petitioner's, request for a contested case
hearing is hereby DENIED.
This the 3rd day of June, 1991.
Jhmes Harringto airman
Coastal Resources Commission

r.
O rSTATE'
JUN 2C
COASTAL RESOURiCVlS r�?arp,r
State of North Carolina
Department of Environment, Health and Natural Resources
Division of Coastal Management
Highway 17 South • Elizabeth City, North Carolina 27909
James G. Martin, Governor
William W. Cobey, Jr., Secretary
April 23, 1991
Mr_ and Mrs. Stanley -0--wed
RFD 3, Long Beach Drive
Hertford, NC 27944
Dear Mr. and Mrs. Szwed:
Roger N. Schecter
Director
Please find enclosed, a copy of CAMA General Permit No.
8145-A, issued to Irene Casper on April 23, 1991, authorizing the
construction of a 180' x 6' pier with attached 20' x 20'
platform, adjacent Lot 22, Long Beach Estates, Perquimans County.
This permit was issued per Title 15A: 07H .1200 authorizing
the above referenced construction. I assure you that your
objections and those of the adjacent neighbors were weighed and
taken into consideration; however, this office felt that the
Casper's riparian right of access outweighted the stated
objections.
A copy of the forms needed in order to file a Third Party
Appeal were provided to you on April 17, 1991. The forms need to
be received by the Director of t-hz-Division of Coastal Management
by May 13, 1991 in order to be valid.
If you have any questions, do not hesitate to contact me at
919 264-3901.
Sincerely,
M. Todd Ball
Field Representative I
MTB/dc
cc: Thomas P. Nash IV
Lucy Hanson
Bill Young

LAMA AND DREDGE AND FILL
GENERAL
PERMIT
81 45A
as authorized by the Stale of North Carolina,
Department of Natural Resources and Community Development and the Coastal Resources Commission
in an area of environmental concern pursuant to 1 S NCAC 7H .1200
Applicant Name Trene Casper _ Phone Number
Addiess 591 Lon ibeach Drive-
city __ Hertford _ State NC
Project Location (County, State Road, Water Body, etc.) Percruimans County Off SR 1321,
Lot_ 22, adjacent Albemarle Sound.
f�'pe of Project Activity $(0' �T pier with-attachedx 0 platform
PRUJECI DESCRIPTION I SKETCH PT, ES, LW
Pier (dock) length ISO' x Fi
20' x 2n' .platform
Groin length
number
Bulkhead length
magic. distance offshore
Basin, channel dimensions
cubic yards
Boat ramp dimensions
Other
See Attached Plat
Phis permit is subject to compliance with this application, site
di,iwing and attached general and specific conditions. Any
violation of these terms may subject the permittee to a fine,
imprisonment or civil action; and may cause the permit to be-
c.onic null and void.
l his permit must be on the project site and accessible to the
permit officer when the project is inspected for compliance.
1 he applicant certifies by signing this permit that 1) this pro-
jcct is consistent with the local land use plan and all local
ordinances, and 2) a written statement has been obtained from
adjacent riparian landowners certifying; that they have no
ohjections to the proposed work.
Zip 27944
(SCALE: )
applicant's signatur
oe�alz_
permit officer's signatu�
04/23/91 07/23/91
issuing date expiration dat
attachments 711 .1200

,` �,, �,y, mac`
� ����
�� �, .. ^u
h M �, --�
��a.`ne.
��•-"
�..
. � ,-,�
`` i` �-
1 1 = , ,.
���,`, �;
.;�
i I V
i \
•@" �
r "GEc-
�`
-.
• - - ,�'
�, ', _. L r
� `v
� _
`�.;�n�.

Rt. #3, Box 596
Hertford, N. C. 27944
February 21, 199:1
N. C. Division of Coastal Management
Rt. 6, Box 203
Elizabeth City, N. C. 27909
Attention: Mr. Todd Ball
Dear Mr.. Ball:
It bas come to my attention that Robert L. Casper plans
to construct a new pier to a length of 200' with an
extended deck of 20' x 20' at Long :Beach Drive, Lot #22,
Long Beach Estates.
T object to this pier because it would extend directly in
front of my property at 596 Long Beach Drive, Lots #24 &
#25, Block E, Herttord, N. C. 2'7944. It would also fall
in the path of: any pier 1: may want to construct in the
future.
Our waterfront is a crescent and we must consider the
others right to water access.
Please advise what is necessary to file a to.r_mal complaint.
Thank you for your prompt attention.
-- Si-ar-erel y , _
Lucy R. Hanson

September 28, 1990
Rt #3, Box 596
Hertford, N. C. 21944
Aubrey Onley, Jr.
CAMA local. Permit Officer
P. O. Box 462
Hertford, N. C. 27944
Dear Mr. Onley:
It has come to my attention that a LAMA permit was issued
on 9/10/90 to the song Beach Assoc. of Property Owners at
the reguest of Sonja Smith to build a structure on ]"got 26,
Block E of Long Beach Estates in Perquimans County.
I own Lots 24 and 25, Block X which are adjacent to the
above lot. I was not notified either- verbally or in writing
that the application had been made or that the permit :had
been issued. I learned inadvertently just yesterday that
this permit had been issued.
T object to this permit for the followinq reasons:
). I was not notified of the application for a permit.
It is my understanding that adjacent owners must be notified
in writing and given an apportunity to object.
2. There is no bong Beach Assn. of Property Owners. One was
started some 25 -or 30 --years acre ---but due to lack of interest
it fell by the wayside. There has been no effort to contact
all of the property owners to set up an organization with
designated officers who can act to set standards, conduct
business and act on behalf of the property owners with their
consent.
3. A structure of this sort for the purpose of picnics and
gatherings will encourage even outsiders to use it. They will.
leave their garbage, as will some of the residents, which wi 1 1
attract rats and other animals. In the beginning, there were
swings, cooking fire places and garbage cans. All manner of
people came to use these facilities and .left scattered picnic
and household garbage behind.

4. 'J'hey
problem of 'legal 'liability needs to be addressed b
the property owners. Are we Liable for i.I.Legal acts of or
injury to friends and re)ati-ves of residents and other.
strangers'? What i.s the extent of that Ii.abjAity? How can
we protect ourselves?
Please review these object.ions and advise what turtber. action
we can take j.n thi.:7, matter.
Your prompt attention is very greatly appreciated.
Si.ncerel.y,
T.ucy R. Hanson
("'Opy to, Todd Ba I. t
N.C. Div. of Coasta) Management
Rt #6, Box 203
Elizabeth City, N. C. 27909

- Co
V , _ ,. C f��— 0 3� �c l
y
NRC
(Petitioner leave blank)
DCM .E'OKM 1.
PF,T1T:lONF'R' S NAM .�C14 �,/ ZZJG 0 CONTES'.PED CA SF PET 1T-1.ON
ON LAMA PERMIT DECISION
COUNTY PC-� Q U/ /)// K4 rI/S
PLEASE 'TAKE NOTE that the undersigned, a person di rectal y
affected by the decision of (check one):
a 1. oral Permit Otfi r.er. acting on a CAMA Minor
Development Permit Application; or
the Devision of Coastal Management,
Department of Environment, Health, and
Natural Resources, acting on a CAMA Major.
Development/State Dredge and Hill Permit
App.l :i cati on
hereby appeals such decision under G.S. :I J 3A• -:I 2) .:1 (a) and
petitions for a contested case hearing pursuant to G.S. Chapter
:lSUli.
The undersigned is (check one):
the Permit Applicant or Permittee;
the Secretary, WI' NR, in the case of a decision by
a local official of. a Minor Permit Application; or
a third party who has been granted permission to
file an appeal and petition for a hearing by the
Coastal Resol)rces Commission
'Phe undersigned all.eges the following facts tending to
show that the Local Permit Ofti cer or. the Division of Coastal
Management has deprived the Appellant of property or has
otherwise substantially prejudiced. the Appel'lant's rights
and has (check as appr.opri.a.te) :
.1 /
/
exceeded its autbori ty or jur.i sdi cti on;
2. %
/
acted
er.r.oneousl.y;
tal.led
to Ilse proper procedure,
4.
acted
arbitrarily or capriciously; or
`>. /
/
ta:i :I ed
to act as regui red by statute or. .I aw.
REV.ISE;D: MARC -H. 6, 1.990
JUN 20 1991
COASTAL REVXXCW COMM.

(PJ ease state a*1 J eged facts be) ow or attach a si gne(i
Aftidavi.t to this form) .
Sworn to and Subscribed
before me this the
)� d.ay of 4A16
.1 9. Y( .
,S7' A k/ L r y
A . ress=-
p
'.['e. ephone Number
Notary c ,r
L
My commi ssi on Expires: �l �✓! / 2. --
NOTE: In case of a LAMA Minor Development Permit,
verification by the Focal Permit Officer that the
Applicant has received a final decision from the local
government must be submitted (A ropy of the permit
decision attached to this form wi 1 l constitute
ve.r. i ti rat i on) . (7 5A NC AC '13 .0302)
REVISED: MARCH 6, 1990

NU'J'}!:: 'Phis Petition rnizst be fi 'I ed within twenty (20) clays of
the decision by the Division of Coasta I. Management or.
local Permit Officer. P'ai) iir.e to do so c.onsti ti te.s
waiver of the opportunity for a hearing. (.1.5A NCAC 7d
.0302(h)) The or.iginaJ }petition should be filed with
the.
Chief })e.ar.ing Officer
Office of Admi.nistraative Hearings
Post Office Drawer. 2744'/
Raleigh, North Carolina 2761.1-7447
A Certificate of Service should accompany this Petition
showing that copies have been served on the following:
Director, )_>ivi si on of Coasta) Management
Post Office Box 27687
Ra)eigh, North Carolina 2'/6'1.1 and
General Counse L ,
Office of Genera) Counse)
Post. Office Box 27687
fiaJ ei gh, North Caroi ina 270 a
'J
Si gn.11re of Teti ti
REVISED: MARCH 6, ].990
of
er or Attorney

CERTIFICATE: OF SERVICE
J certify that this Petition has been served on the state
aqencies named below by depositing copies of it with the United
;sates Posta] Service with sufficient postage or by personally
delivering copies to the named agencies.
Served on: DJ rector
Division of C:oasta:l Management
P. O. Box 27687
RPO e] qh , NC° 2'/ 6.1...1 and
General. Counsel
Office of General Counsel
P. O. Box 27687
Rai ei c;h , NC: 2'/ 61 1
This the l.- day of `— vl� ? ]Aoner
9
Sig tore of PetiAttorney
REVISED: MARCH 6, 1990

AFFIDAVIT - FACTS
A. The "RE;COMMENDAT.TON OF THE DIVISION OF COASTAt, MANAGEMENT"
filed by David (.;. Ileeter, Deputy Genera) Counsel, Office of
General. Counsel., NC Department of Environment, Health and Natural
Resources Js fu) -I. of inaccuracies and omissions of fact which
would substantiate our objections. In order to set the record
straight, a REBUTTAL TO RECOMMENDATION OF THE DIVISION OF COASTAL
MANAGEMENT is being submitted as Exhibit A and included as an
i ntegra i part of this affidavit.
S. We wish to be allowed to submit evidence as f.oll.ows:
.1. photographs which wi)) show that the water is .less than 6"
deeper at. the site of the proposed pier and that the grass is
equa):I,y or more dense at that site.
2. Photographs showing a small, sample of.: the grand scale parties
and the) arae variety of cars, trucks, boats and other ve.hi c) e,
which arrive on. weekends.
3. Any other evidence which is deemed pertinent to this .rase.
(;, The Army, Corps of P',ngi.neers dial a public, service review in
.1982 and determined that a pier. of :1.06' in :i ength was :Fair to a) )
the riparian pr.oper.ty owners in this cove. Nothing has changed
,inr.e that time. Xxhibit B,
D. The issuance of this perml.t is a. r.bi.tT:ary and capr,'i.Cl.oiIS
because:
'Pbe evidence shows that Proposed pier cannot satisfy the Cas -
Pers desire for deeper. water. and less grass, The most that can be
gained is, 4" to 6" 1 n depth . Ra) anced against the adverse effects
it wi l I. have on the other residents use and enjoyment of the
water, c111a)ity of human environment, scenic and recr.eatJoan:i value
and property val.ltes in the area, it does not seem reasonable to
rill e aga.inst the riparian property owners and other residents.
The fact that there already exists six structures attached to the
Casper, burl knead a, fol) ows:
I.. 1.06' pier. on Lot 21.
2. Deck .l ow to the water 'located laetwe(-n t...he pier and
the high deck on lot 2.1.
:3. '18' x :i 8' dec)i 6" above the wager on :l ot: 2:1
4. Struct.ur.e to hold boats out of the water, on I.ot. 2.1.
and/or .I ot: 22
5. ).arcxe decli of tlnl�nown proport i ons on . of 23
6. Shower./outhouse structure on the bulkhead on Lot 21,
an<i/or :I ot: >2
shows that they now have no shortage of: r.-i.pari.an access.
2. O11r WaterS, are w:i than the Ti'sturine and Public Trust Areas of
F-;n.vi.r,onmental. Concerti and a breeding gr.-ound for many var.i.eti.es of
fish and crabs and the home of white swans, geese, duck, and other
w-i.l,dl.i.f.e. To set our concerti for the environment aside for. one
p:i c -r wl-,:i c.h ac.comp:i .i sties ) i tt:) e sloe, not, seem ,reasonable.

AFFADAUT --Page 2
3. It sets i precedent. allowing 200' piers all. along the
-hore]Jne and d:isregards tbe estab*l isbed Pier *length, the
environment and other residents rights.
Rff-i(iawit COntairl.ing facts is being
par. t: of the "CONTE,13TRM CASE PETITION ON
submitted to (,'Yjj(-f Bearing Officer
Hearings, Post Office Drawer. 27447, R t
76a *1 - 7447 , V/
— � /���f
Date
submitted as an integral
LAMA Pro',RMI'T DECISION"
, Office, of Administrat:ive
IP
igh, Nor r o 1. 1 n a
Name 6f Pet.it.ioner

STATE E OP NOWPH CAR01.1'NA
COUNTY OE' PERQUT.MANS
713 :i RD ('ARTY HFAR 7 N(.; RFtxT);:ST
BY STANT,FY. AND JEAN S7WRD
FOR HXAR I N(l ON CAMA ("Ji:NFRA),
DEVELOPMENT PERMIT NO. 81-45A
T E1 *ORF '.PHP
COASTAi, RESOURCES
CMY 03-91.
CHAIRMAN
COMM T. SS T ON
REBUTTAL, TO RECOMMENDATION OF'
THF DIVISION OF COAS`.PAT,
MANAGEMENT
The Division of: Coastal. Management (T)CM) has made a "Recommend-
ation" to the Chairman of the Coastal. Resources Commission to assist
him in determining whether the Petitioners' Third Party Hearing
Regliest Gbou) d be grante(i or denied. 7n this recommendation there
are a great many i.na.ccu.raci.es, and. omissions of facts whi.ch gr.eatl.y
alter the basis of olir appeal as presented by the T)CM,thereb,y, denying
its the opportunity to pr.e,ent the factual. evidence. i. wi.l.l. correct.
these J nacr-tiraci es on an :i tern by i tern basis and underline the Correct
farts. Al.t.hough some Or these facts may riot have been included in. the
�1'rt:l r Party )iequest. for Annea) of a CAMA Perrni t" :l T) (jet aj .i , they have
been l.n.c I.11,dPd 7.r1. 01-1r Corr -e pOnd.enc;(- as T W7. l..I, show in this Rebuttal—
Pi
ebl,lttaI. .
Pi rst , L•) -)e correct. i nq ():l our si rn�jrne and :l t i -)p been
in i.sspel. i. ed. thrnughout. this d.Or..ument:.
'I . I11ACKCROUND
Pa.go i. I.i.ne l.7 states "The Petitioners seek to r..hal.Lenge the Issuance
of- T?erm:i t No. 21:1 4SA on sevPrF0 ground:, :inn.:l ii(i i nc :i nt:ryrte.rr,nr.P wit)-)
the pl_1bl.-i.c trust r-igh.t of navigation and usage and with. their, property
va:l l)ec anti ri (;bt of r:i para �)n ar.C.eSF, "
Our specific., reasons for rhal.l.engi.ng the issuance of the above permi t.
were nointe(i out: in our letter of 4/3/9:1 to Mr. David Grittin and are
a., f01.1.Ows:
'.i'be strurture proposed Ones not meet with the General Condi ti ons under
Secti.on. 12,00 els f..o 11.clws :
(C-) Tbi s .-p:i er w:i) l :interfere w:i th nava coati on and the use of the
waters, boat ramp and. park. It wi I. I. be in the area wher. e residents of.
T,ong.l:)eacb swim and l aun(!)-) hoats.
(d.) The p-i.er, and deck -'Are n.ot in the best publ.ic interest since the
asst.iVi t.l es whl eb w:i :I :1 be carried Out or) t:hem w:i .I l si qni f:i cantly atter..t
t -he riva.l.i.t.y of human envi.nr.nment and unnecessar.-i.I.y endanger adjoining
p ropert:i esartnq" w:i :I :I set a poor exarnpa e for the ,young
poop l? Who w -i_ 1. 1. be us i.nq the park. and surrounding ark -a..
('ert-a:l r)1 y most. unp) (,a.sant -for ne.l (l.11bors to )")ave to wat-('l') -these
activities, every weekend., (P) Thi. i pier and deck wi.l. I. ad,yer.sety
2.tte ct. art.--P—s wb1 CI') and retreat- i ona 1 Val lie. '."his ties. i n
W1. 11 the a.ctivi.i.-J.es l.n. (d.) 1.bQl/P,
s, r):i er .-i s not ronF::i st er)t: w:i tb .1 ora 1 l and use £:l nee al ) psi ers

Page 2
i.n the area are deci.ded(y less than the 10(x' Casper pi.er jA legal-ly
constructed On my Int line.
Also, the pi.er does not meet cert.ai.n Speci.fi.c (.onc.jj.tj.ons under.
.esti On 205 a s f 01 3 ows:
(h) The Pier o-xtends beyond the estab:l isbed pier )(-Y)c
qtb aloy)q th.ip,
shore lAne,
(9) The PJ ( --r :interferes W.:itb riparian ac.Oess to the Park and boat
ram -p. Also the 1.06' pi-er already i.n exi.stance does not have the
mlDlYMITri setback of 1,") feet from the adJaCeDt Property *I:ines extended
i.nto the water.
The CaSRe-rS RISO already have '-) Piers, decks and structiires * on the
three lots, as welleaS a ShOWPr/-OUthoI-1se structure on the bulkhead
whose water runs into tY)(- sound. The biii'.1dinq of these structures has
caused a change i.n the oro l.ogixal balance. As a result. of dri.vi.n.g so
Many Pilings in the area, the sand has bui)t im in such a way that it
causes garbage and other, debri.s to col.'Lect i.n front of Properti.es i.n
the area, The stench is somet.imes, unbearable.
Our ori.gi.nal. objecti.on to a longer pi.er and deck i.n 1982 for reasons
of impaired water access resulted iD a nub) .iC ilr)t('rE,-,t reVIeW t. b e
Corps of t pier of 1.06' as nEngi.neers. They determined that. a - - _t.y
now exists
was a fair Compromise to all the property owners in the area, We
accepted
E -
accepted that compromi,e even though the pi.er was on the property
I I . FA CTS
H. The concave cove on whi.ch these various lots face i.s, relati.velv
Pba))Ow and, :in fact, on June 5, 1991 at SPM the depth of the water
at the last-pi.Ung of the exi.stin-q1.06' Pier was only 1.6"and at the
Of the SteT.)S OTOY .15" deep. The depth of the water at the CAMA
stake where the proposed deck will end was only 19" deep - a
Qitterenre of on) y 3 or 4-inebes. T h (- f al r. y aeavy--M-J7-f oJ ) v e q e t a -
ti.on was, i.n fact, much heavi.er at the CAMA stake and -i.n the area of
the ProPosted decile than it was, at the end of the existing .'1061 pier.
There are 5 old pi.lAnq-s, not 4, i --n front of the Casper pr. opt--r-Fy-.
W-ater access is Presently provided to )-ot 21 by an existinq .18, by
-1,8, deck and 1.06' T-)i.er constructed
tb(I Corps of in '1982 after ci r)7jb'.1:ic JD-terest bear.15q by them
whi.r.-h determi.nod that. this arrangement was t-ai.r to all parti.es
Tsr-�(- Corps. O. cin :i nc.P.rs :l eater of 16/6/812), There was no CAMA
-Dermi.t i.ssued. Or exempted because the pi.er was i.l.legal. i.n that U di.dt
not have the required '15' �-,(-thack from its riparian property owner.
K. Th(- water level. vari.es from a range of approximately 2' deep to no
water at a)*[. On June 5, at SPM, as, stated in :item H above, the water.
was 16" deep at the end of the exi-sti.ng pier. The bottom vegetation
of Miltoil is migratory, heavy at times, :light at. times and-n-on-exist-
rint for long peri.ods of ten years or more.

Page 3
1',. 'Phis statement:. i. :3 i:.otaI.I.y i.naccur.ate. It, 1.982, the 1.06' pier- with
—domed '1 8' by .i 8' doe)$ �i ni t i a) 1 y prOnor, ed waw in viol ati on of CAMA
Y.'ea1,l1.ations re..c:(i-11.ring 7 15' setback from rl.Parl.an pr-opert:y owners
A'I so 1..Yie -r art -.:i a) 1 y cornp'l oted der..)c extended 6'—beyond C'aspers
�tend.ed. property Ij.ne.
me have never ob-iect:ed to any p:i er because Of an obstructed view bllt
r 1.ttlel" Ql.lr Qb'jeC't'.i.on. was based. on'acr..-ess, to the water for swi.mmi.nq
tgncf boat.:i nq ' a stat: ed i n o -1)r :I et. tier to Mr . Rei t Nas)iet. , CAMA Perm:'t:
Officer on 9/1.4/81. based on the exi.sti.ng ,- i.pari.an di.vi.di.nq l.i.ne then
in existence. 'An ot:her ob_iect:i on that "i t does not conorm to other
piers and sun decks in the area and detracts from the natural. beauty
of the area" as stated in my- letter. of 2728/82 to the Army, Corns of
Engineers .
M. Since we have been coming to l.ongbea ch in 1961 we have Seen the
Milfoi.I increase and decrease and then disappear for lona periods of.
L::ime depend:'ng On the salinity of the water, '.Phis pattern will no
doubt cont. i.nue, in the t:litur. e . The Caspers desire to gain access to
w,iater wi t ) ess M:i :i foi l i s :impossi bl e ':because of the l ocati on of thea r
property and the nature of the river. ,On .711ne 5, I walked out to the
nc- of the *106' p:l er and also to the CAMA stake where the proposed
deck and pier wi.1.1. end and found twice as much Mi. 1.f_oi.. there as at the
end- o f the exi s t J ng pi e .
P. Jt1i y 1 990, the Caspe-rs appal :i ed .i or a CAMA perm.—it to extend the
j -hen. 1.06 t)i.er to 250' with DI.atfo.r-m on -end. We objected to that
ytensa on for the: Sol l ow:'nc; reasons as stated in my letter of '7/10/9o:
Our .ack of, access ..o the water if our. other riparian neighbor
chose to bili i d on our common I of :I. i ne as Caspers have as .laased on
CAMA r.equl ati.on s at:. the time.
2. noes not conform with other p:i ers and (Jec)ss jr) T.ongbearh and
('�et.r acts tr.-om the n a t ural. beauty of the area.
3. Prapert:y owners wolx:

Page 4
U.,T)C� actual ty points out that thevegetation extends several
hundred feet offshore well beyond the end of the proposed pier and
platform. Therefore, one of the two purposes of the pier. which is
getting beyond the crass i s defeated by the very nature of the area.
7. Trash and debris collect basically in f.r.ont. of. T,otc#1.7-20. The
�Iri .l J. i nc of Pi l i ncls for dec)tF- and piers (including 5 structures in the
water. and 5 old Pilings) has caused the waterbed in front of. the
C;asr.>ers to he shal 1 ower. , thus, repel l inq the debris and causinq 't to
col.l.ect:. in f.r.ont, of the surrounding properties to the south. This is
evident when otzr i ots have al 1 the debris and the Caspe.rs have none.
AA. T)CM has pointed out that the 2.00' pier and deck proposal. if,,not
:in Jceepinq with the area development. :rn addition to the :106' Casper
pi.er., the next. longest pi.ar. an .l.deck' is Lot #5 at 68' bel.ongi.ng to
the T',:i nO,ams and measured on June 6 with the belr) of the owner.
`he '.ongest o` the five residential. piers on the shorelAne to the east.
around t:r,e point or, the Albemarle sound is aPr)roximate:ly :125' feet
:.onq but this is an entirely dif..f_er.ent. Situation since the shoreline
i s strati q h t and there :i S very :i :i tt ) e Mi 1. foi ) .
8R. It is my understanding that the boat ramp and park may not be
used by the genera) nubl i c. but are Private. property owned by the
residents of T.,ongbeac..h.
DD. '.rhe absence of any discernable charnel or deer water for at least
a quarter of a mite offshore and the concave configuration of the
Rhorel i ne malte the arbitrary determination. of r. i pari an access lines
based on one 2.00' pier unf.ai.r to all parties concerned. If each
property owner_ put a 200' pier and deck on each lot they own we would
have 25 200' piers. Allowing this permit to stand will set a
precedent of one Pier Per lot, By DCM's own statement. in :item X, our
waters are "within the Fst:.ilari.ne an. Public Trust Areas of. Environ --
menta) Concern designated by the Coastal. Resources Commission" and is
a reedi.ng ground for many varieties of fish and crabs and the home of.
white swa.ns, geese, duck; and other wi l dl. i fe. To set our concern for
the envi.r.onment aside for one pier, which accomplishes nothing is,
beyond understand-ing.
)?Jr:. The nava cTala:l r-, water i :i ne drawn 13 is rarely if ever
3 deep. Owner.>hi.n I.i. st. on Exhibit. 1.3 is nar.ti.a1.1.y incorrect. and
d read 1"1 7 ... young, #.1 F1, ij:19, 1!20 •- Sxwed,
the ri.pari.,an, access IJi.nes as drawn by T)CM do not nece_ssar, i. t y
Prov:i de use«bj e r:i Pari an 7. or) es, wi th a mi n:i mum of ) 5' s.etbark . For
example, rots, #1.8, #1.9 and #23 have only a 40' water.f.r.on.t which would
J eave only '10' at t:le nava ga.b:l e water line after Provi d:i nq for the
s0t..ha<rk#1.8 has i-ts own sept.i.c system and can be sold as an
:i ndi v:i dua 1 ur,:i t. to another Property owner.

S
R^COWENr)AT I:ON TO c;TYA L RMAN
"rCM on that t:he heti ti oners' '.1, rel T?art.y >;ear. nq
Roallest:. be denied l.s based on numerous 1.naCcl.lr.'aC,1,P s and, omissions
of facts our objections. '-h:is :is dile nart.ly,to t:he
zealous devotion of DCM to the Casper pier and Partly to the creative --
)Q (-- S s
reatiye.--
11eSs of ollr at: t.orney :in drP.w:ing ur) the anneal
CJnfol-J.unatel.Y, our.- attorney, Thomas Nash, i.nventi.vely created a "Sum-
mary of :v i ciente." for the appeal whi Ch i nc:l llded t),e >7hrace "the nro-
posed pier and deck cl.earl.y blocks the scenl.c view of. the Al.bemarl.e
Sound." Nr.:i tbor theesti t.:i nq p. er or the proposed pi er interfere with
Or obstr.•ltct our. view. Our home was Purposely placed to face the mouth
of the Perqu:i man:; T- .i ver and not the Tal bemar.l e Sound. :(t has never bee
Qur. contention that interference with view was an objection and this
r.an be veil fl ed by a rev. ew of our corr. espondente. '.t'o correct.
error, a1. 1. references to view, which are too numerous to point olat,
should be d. sassor.l atec, from our object. ons and eliminated from t.hi s
n
R. DCM stages that the "'et:i t. overs' show. nq of evi deDCe f«i l " At
this point, we have not Presented any evidence.
7;he appeal form require:: that we "summarize the evidence that you will.
present at a hearing in support of, your, appeal" but does not require
that the ev:l denr.e sae nresented w -i th the ap eal . The ;)(:M "reserves the
right. to Present evidence and arguments in support. of.. i.ts posi. i on
—( ,Ir
and we also woll.l. e, l j lte to reserve the same rj ghts
C. We bPl.l.eve that:. i,f the DCM prosents c.'or.rect facts and if we are
allowed to present evidence, we w.l.l prevail. in a Contested Case
Hear.i.ng on the folAowi.ng collnt.s:
. ?'he p.l e.r w:i 1 1 have a E;i qnl tl Cant adverse eft e -t. on the T,-) I :i r.'s
use and enjoyment- of the adjacent waters. '
p. er and del :l adverSel y afi e c t the scen. r. 1 nterPF, tS of
al. 1. the residents of r,ongbeach Estates.
4. The pi er and declt w...1.l adverse) y affect the rPr.re.at. on al a ,e of
_he waters of al. 1. the resident!-, of. r,ongbeac.h Estates.
S. The p:i er and declt w. 1 l have., a signi f•:i rant adverse effect on the
va 1. ue and enjoyment of our. property and riparian rights. Contrary to
oosa tl on , it w:i ?1 have no effect whatever on our scen. r. v. ew of
the water.
6. The rer.reati onal vas ue of our property w.l 1 be adverse) y affer.ted.
7. The adverse effects on the r.ecr.eation.al use of the waters of the
res.) dents of 7.ong1?eaCh r:st0 e.s as balanced against. the (`.aspe.rs ons y
gain of 6" of additional. depth tas acknowledged. by DCM) is not reason-.
F. �e .

Page. 6
8. The proposed pier and clock do not conform to the I.ength of other.
_pi err a1 once the shore] i r,e.
9. The proposed Pier and deck will have a significant adverse impact
on the public health/safety, and general welfare.
'10. `rhe pCM -is not r -aught :i n the middle of a di route because this
dispute was resolved by the Army, Corps of Engineers in 3.982 when it
bel. d a pub:l i r. interest review and determined that a Pier of the length
of 1.06' could prevail and would be the standard for the area.
Tv. R)--?COMMT:NnAT:f ON TO 'PIM CHAIRMAN
I recommend that the
Dresent correct -facts
that we can present. o
Date
0CM statements and recommendations be changed to
and that F Tbi rd .1' -'arty I-Iearinq be ctrante-d so
u. r e v i. d. en r., e . 'p
1.ana17.tlr.e // -�-
j:�, f
err
ON
-6_ � r= � <� v_ Ale . -2 2y
026-.0/60
re .en one Number

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT. CORPS OF ENGINEERS
WILMINGTON. P NORTH XCAROLINA 28402
IN REPLY REFER TO
SAWC082-N-072-0091
Mr. & Mrs. Stanley Szwed
Route 8, Box 5.64
Flemington, NJ 08822
Dear Mr. & Mrs. Szwed:
6 May 1982
Reference your letters of 28 February 1982 and 20 April 1982 regarding the
application of Mr. Robert L. Casper for a Department of the Army permit to
construct a bulkhead with backfill and complete a partially constructed
pier on the Perquimans River at Long Beach Estates, Perquimans County,
North Carolina.
We have completed our public interest review of the proposal and do not.
anticipate the completion of the pier, as now permitted (with the deck to
be removed and relocated adjoining the bulkhead) will impair your riparian
access. We can appreciate your concerns over future pier construction by
your adjoining property owner to the west, and access problems which could
be created. However, as no structure or definite plans for construction of
such exist to our knowledge, we would not begin to speculate on possible
future situations. We assure you that you will have a chance to comment
on any future proposed pier construction adjoining your property, and that
we would not authorize a structure which, alone or in combination with
another structure, would impair your right to riparian access.
Should you have questions, please contact Mr. Ken Jolly, Regulatory
Functions Branch, telephone [phone].
Copy Furnished:
Mr. Robert L. Casper
1338 Porter Street
Chesapeake, VA 23324
Mr. Keith Haskett
CAMA Officer
PO Box 2
Hertford, NC 27944
Sincerely,
CHARLES W. HOLLIS
Chief, Regulatory Functions Branch
Mr. David Gossett
Office of Coastal Management
N.C. Department of Natural Resources
and Community Development
1502 North Market Street
Washington, NC 27889

Rt 113, Roy, `)88
Hertford, N. C. 27944
Apri) 3, :I 99:1
Mr. I)avi.d Griffin
N. C. Division of Coastal Management
Rt. #Ci, Box 20:3
XI 7- abet.!? City, N1, C. 7'/009
Re: Casper Pier & Deck
Dear. Mr.. Griffin -
Since Yoii l7aave refused to speak to, meet wit)-) or write to
me, T. have no way of knowing if you. have received my letter.
of 3/'//9) eleta:i :1 :i nq my ob-iecti ons to the Casper Pier and
deck, Mr. Sial. 1. assures, me you have. I. rear ranaed my plan s
for t)-j(inti re week l ast week to be avai ) ab) e for .your
vi.si.t but you dial not even have the courtesy to chancre or
br. ea'K your appointment with me or stop by the clay before
when you were here. 1 bel. i.eve the public, has a right, to
better treatment: than that.
Since writing to you on 3/7/91, I have been provided with
updated General Permit requ l ati ons under. Section .:1 200 of
the NRCD - Coastal. Management T1.SA:07H.1200 of the Horth
Carolina Administrative Code dated _1/29/9:1. 1 wou:id :lake
to restate my objections to the Casper pi.er. with these
tiipdated regu) at:i ons in view.
The structure proposed does not meet with the General.
Condi ti ons under Section .1204 as follows:
(c) This pier wi.1.I. inter.f:ere with navigation and the use
of the waters, boat ramp and park. T t. w ). 'I he i n the area
where residents of Lonry. Beach swim and l.alinch boats.
(d) '.rbe n:i er and der.li are not: in the best ,aub) :i c interest
since the activities which wi I. I. be carried out on them wi.l. I.
s:i qn:i t i rant) y affect the crual i ty of the human envi ornment:
rind unnece.ssari 1. y endanger, adjoining properties. 111h(-
",a.,rt.yinq" wi) l set: a poor (.--xarnpl e for Young people who w:i) )
be using the park and surrounding water. area. It is certainly
most tznp) ea<;r<nt for nei abhors to have to watch these activities
every weekend.
(e) `.l'hi F; T)J o aanci d(-C)d W:i :I :I adverse.l y affect areas w h i Ch poSSe s
scenic and recreational. value. This ties in with item (d)
above.
(h) Th --is Pier is not consistent with local 'land. use since
all. pi.er:s in the area are decidedly .less than the .1.06' Casper.
Pier constructed on my lot :I i ne.

))) so, the Pier does not meet certain Speci ti r. conditions
under. Section .1.205 as follows:
(h) The Pier extends heyond the estah) i shed pier ) enat:b
along this shore l.i.ne.
(g) The pier interferes with r. i pari an access to the nark
and boat ramp. Also the 106' pier already in existance does
not l -)ave a minimum set):)ac)i of .t 5 feet trom the adjacent
-property I. i.ne s extended into the water .
Also the C:aspers a)r_eady have 5 piers, structures, etc.. on
the three_ lots as well as a shower/outhouse structure on the
bulkbead as deta:i:led in my 2/2:1_/91 :letter to Mr. Bail . The
building of these structures has caused a change in the
ecoJ ogi c.al ha.l ance. As a result of driving so many pi .l i ngs
in the area, the sand has built iip in such a way that it
causes garbage and dek>ri s to co) ) ect in front of properti es
in the area. The stench is sometimes unbearable.
Our or:i g:i nal objection to a longer pier and deck in 1982
for reasons of impaired water access resulted in a public
interest review k>y the corn of Engineers. They determined
that a pier_ of 1.06' as now exists was a fair comprimi.se
to a i ) property owners :i n the area . We accented that r..om.-
Pr.omise even though the pier was on the property line, and
therefore, object: to any nroposa) which exceeds the fair
I.encith determined by the Corps of Engineers.
We regllerted a< meeting to diSr.usr the matter to try to
resolve it and would still J.ike such a meeting to make our
feelings known.
Your prompt attention w:i) :I he great) y apprer.i ated..
Sincerely,
Jean (:. r7we.d
Copy to: Mr. 'Todd. 3a 1. l , N. C. Div. of. Coastal. Mgmt .
Mr . Noger Schecter, N.C. Dept , of )--:nv:i ronmenta J
Health & Natural Resources
Mr. Wayne Wri cx)-,t , corps of Engineers.
Ms. Laura Manue 1. e , Corps of 'Engineers
Mrs. Lucy Hanson
Mr. 8i 1. l Young
Mr.. T"red Mansti e) d

R. D. 8, Box 564
Flemington, N. J. 0882)
September :I 4 , 1 98 1
Mr. Keith Haskett
CAMA Permit Otficer
P. O. Box 2
Hertford, N. C. 27944
Dear Mr. Hasket. :
Mr. & Mrs:. Robert Casper, owners of Lot '#2:1 r;).or.)t E in
i,onq Beach Estates, have spoken to us several times about
the.r pier and proposed sun deck but have not made any
concrete proposal or suggested a compromise which they
wou)d be w.))ina to make.
1: would like to reiterate our strong objection to the plan
as Jt now stand; for many reasons, but most important) y for
the effect it could have on our access to the water for
sw:i mmi nq and boat i nq .
`,'heir pier_ has been constructed. to a ) ength of :1.04 feet and.
the proposed sun deck would add an additional. 20 feet to
thi s :I ength . If the owners of Lot ) '/ W ock F were a) .I owed
the same privilege and chose to build on our. common I.ot lArle,
as the Caspers, have, their piers would intersect .n front of
our property and in spite or 1.30 feet of: bul.kheaded water-
front property, our only access to the water would be under
one of their piers.
When T spoke to Mr.. Ken Jo))y of the Corps of Engineers and
explained this problem to him, he advised me that when this
Situation arises a comprom. se must be made which i s ectui tab) e
to all parties concerned. The above situation is certainly
not egad tab) e to us.
We thank you very much for your of fort in he) p. ng us try to
resolve this problem.
Very t:ru) y yours,
Mrs. Stanley Szwed
Cony t o : Mr . Ken J0.1 ) y Mr. ))oiiq Ri nger
Requl.ator.y E'unctions Branch Office of Coastal Mgmt.
Corps of Xngj neers .108 S. Water St.
P. O. Sox 1.890 P:I.:i.zabeth City, N. C. 27909
W:i)mington, N. C. 28402
Mr. Robert l-ee Casper

F. D. 8, Hoy; 564
Flemington, N. J. 08822
( 20-1) '782--5:166
February 28, .1.982
Department of the Army
Wi :I mi ngton District, Corps of Fngi neers
P. 0. Box 1.890
WiI.mington, N. C. 28402
Attention: A. A. Kopcsak, [.TC, Corps of Engineers
Deputy DI strict Engineer
Dear. Mr. Kopcsak:
We are in receipt of the Public. Notice dated Pebruary 25,
1982 concerning the proposed Casper bulkhead and pier with,
raised deck.
We have no obJec.ti on to the construction of a bulkhead on
Lot 22, Block F in Longbeach Estates, Hertford, N. C.
Our object -ions nertai n to the proposed ni err with raised
sun deck which wilt jeopardize our access to the water, f..or
rer.reati ona) purposes. A'.1 so, the raised sun deck, at that
distance from the shore and in its relation to the natural.
curve of the shore line, does not conform to other piers
and sun decks in Longbeach and detracts from the natur.at
beauty of the area. :I am enol osi ng a cony of the :I ayout
of Longbeach so that you can see this rel.ationshi.p.
Ken Jo:l :I y has copies of a)) of our correspondence with the
interested parties but. I am enclosing addi.ti.onal copies
for your reference. I am also enclosing a copy of our
I. etter. to David f.. Gossett, Environmental. Consultant. for
N. C. Tent. of Natural Resources and Community Develop-
ment suggesting an on site meeting date to try to resolve
thi s matter .
Thank you for your cooperation.
S:i nr.er_ el y ,
Mr. Stan. I. ey Szwed
Enc-l.osures (.*/)
Copy 'to: David l.. Gossett, Fnvi ronmenta i Consul taut
Ken Jot i. y , U. S. Army Corps of. Engineers
Preston Pate, Chief, Field Services Section, OC:M
Charles Pattison, Minor Permits Coordinator, OCM
Keith Basket, Perguimans County CDMA Officer
Robert Casper

a1.]l-,Y 1 0 , 1 990
RT #3, BOX 588
HERTFORD, N. C. 2'/944
N. C. DIVISION OF COASTAL MANAGEMENT
R`.1'. 6, BOX 203
ELIZABETH CITY, N. C. 27909
ATTF.NT1 ON : MR. R I CHART) WAIT'TS
DEAR MR. WATTS:
WI=. ARF: 'IN R)�_:C`.:N I P'.T' OP AN UNDA'T'F)) },N.r~!1"1'} :R }.FROM l-R0BFR'T' J,. C:ASP},.R
NOTIFYING US AS ADJACENT RIPARIAN LANDOWNERS THAT HE PIANS TO
CONS'PRUC".f' AN }T.X'.I'F.NSION TO 'l'PjXI R PIER INC:RXASTNC' ITS )CPN(.>TH
FROM 1.06 FEET TO 250 FEET PLUS AN ADDED DECK OF 12.' BY 20' AT
591 ).-ONG REACH DRIVE.. '.T'Hll' SCALED CONSTRUCTION DRAWING
INDICATES (SCALE: NONF,) .
OUR ORI G:I NA), O)3;l):(".I':( ON 9'0 A LONGER P:I XR AND DXCK IN '1982
T.'OR REASONS OF? IMPAIRED WATER ACCESS RESULTED IN A PUBLIC
R)?V :I F:W BY '.T'T)X CORP OF F.NC I NFF.RS . !1'HF:Y ))FTF.R.M I NF.,D
THAT A PIER OF 106' AND DECK ADJOINING THE BULKHEAD AS NOW
EX:I STS WAS A FAIR COMPROMISE: TO ALL PARTI.T?S CONCERNED. WE
ACCEPTED THAT COMPROMISE AND, THEREFORE, OBJECT TO ANY
PROPOSAT., TO GO BEYOND THE ORIGINAL F)FTERMINAT'ION FOR ALL THE
SAME REASONS THAT WERE GIVEN THEN. THEY ARE AS FOLLOWS:
1 IF THEIR PIER WERE ALLOWED TO RF FXTENDF-T) EVEN A FEW FEET
AND THE OWNERS OF LOT 17 BLOCK E WERE ALLOWED A SIMILAR
PR:I V :I L} (lE ANT) CHOOSE TO T3t11 T,D ON OUR COMMON )".OT T.1 NE. AS
THE C;ASPE:RS HAVE;, THEIR PIRRS WOULD INTERSECT IN FRONT OF
OUR PROPF.RT'Y ANT) IN SPITE. 0? A 130' OF RULKHFADPI)
WATERFRONT.' PROPERTY, OUR ONLY ACCESS TO THE WATER WOULD
)X TINDER ONP OP '.fYEIR PIERS.
2. A PIER EXTENT7INGI OUT 250' PLUS ATTACHED DECK DOES NOT
CONFORM '.1'() O'. BXX P:IT.RS AND DECAS :CN I.ON(., BXACY) AND
DETRACTS T'S FROM THE NATURAL BEAUTY OF THE AREA. `;'HERE IS
NY() A))VAN'.:'AGTi. 'T'O 13X CAINE)) 11RC:AUSE '.I1-iX WA!r},:R 'IS F: -QUA) T..Y
SHAfJ,OW A'T' El'TH ER PO 1.. NT.
3 . )'110P}.:11'.I'Y OWNTi:RS, I NC)JID I NG OURSF:T,VF:S, WOULD BF: CUT OFF
FROM THE PARK ANT) BOAT RAMP. THEY WOUT,D EITHER HAVE TO

(30 OUT AROUND TPF: F:R oJR t1Nn>a 11 :[ !r . a AM sURX !r)1A!1' IF
tlAn -Ffi,N NOTT.FTE;D, THERE: WOUT,D BE OBJECTIONS FROM THEM.
WT!ARF. r:N(:),O,S:rNC; A MORE: AC:C;t1RATJ?T,Y c3C:A),l?)) CON.."PR11(`PION
DRAW r.NG SUPFR1:MPOSA:0 ON A SURVEYORS MAP OF f,ONGBEA(-,'H FSTATFS
FOR YOUR J MFO:RMA'P I ON .
B:hOU),)) YOU ))AVIi- ANY J'F:p:), J')lJ�.)t; ')'O C(>N'.I'AC'.r' 115
Al.' 91.9-264-201.8. Af,f, CORRESPONDENCE RE:f,A`['T.NG TO TRE AHOVF:
AVA:[ ),A)3),X ON
R EOU c^.ST .
s-11`cpRF..r,Y ,
STANLEY P, SIWFD
;T) :AN C. STWF:))
COPY TO : MR . WAYNE WRIGHT
T
C) 'I XF, RXGU),ATORY FUNC-PIONS ARANCH
U . S . ARMY CORPS OF FNG l: NT_tiFRS
P. 0. BOX :I 890
WILMINGTON, N. C. 28402
ENVIRONMENTA(, CONSULTANT.
N. C. 171?P'.)' . OF NATURA), >R).:ISOU)RCF:S & COMMt1N:['.rY ))F:V .
F C E LD SERVICES, P. 0. SOX .t h0'/
WASN:ING'.r'ON, N. C. 27889

STA7F o
State of North Carolina
Department of Environment, Health and Natural Resources
Division of Coastal Management
Highway 17 South • Elizabeth City, North Carolina 27909
James G. Martin, Governor Roger N. Schecter
William W. Cobey, Jr., Secretary Director
April 23, 1991
Mr. and Mrs. Stanley Szwed
RFD 3, Long Beach Drive
Hertford, NC 27944
Dear Mr. and Mrs. Szwed:
Please find enclosed, a copy of CAMA General Permit No.
8145-A, issued to Irene Casper on April 23, 1991, authorizing the
construction of a 180' x 6' pier with attached 20' x 20'
platform, adjacent Lot 22, Long Beach Estates, Perquimans County.
This permit was issued per Title 15A: 07H .1200 authorizing
the above referenced construction. I assure you that your
objections and those of the adjacent neighbors were weighed and
taken into consideration; however, this office felt that the
Casper's riparian right of access outweighted the stated
objections.
A copy of the forms needed in order to file a Third Party
Appeal were provided to you on April 17, 1991. The forms need to
be received by the Director of the Division of Coastal Management
by May 13, 1991 in order to be valid.
If you have any questions, do not hesitate to contact me at
919 264-3901.
Sincerely,
M. Todd Ball
Field Representative I
MTB/dc
cc: Thomas P. Nash IV
Lucy Hanson
Bill Young

CAMA AND DREDGE AND FILL
GENERAL
PERMIT
8 1 154
as authorized by the State of North Carolina,
Department of Natural Resources and Community Development and the Coastal Resources Commission
in an area of environmental concern pursuant to 1 S NCAC 7H .1200
,Applicant Narne Irene Casper Phone Number 91c) -2(a4-3448
Address 591 Lonqbeach Urive _
c ity Hertford _ State NC Zip 27944
Proiect Location (County, State Road, Water Body, etc.) Perquimans County,,Off__�R 1321, Lona Bea -h .- a_tes,
Lot 22, adjacent Albemarle Sound.
lyPc of Project Activity 80' x F Pier with at c e p a1 tforrn
DRUJ EC f DESCRIPTION I SKETCH P'll, ES, EW
Pier (dock) length it
1 ► 1 . • ���
Groin length
number
Bulkhead length
max. distance offshore
Basin, channel dimensions
cubic yards.
Boat ramp dimensions
Other
See Attached Plat
lhis permit is subject to compliance with this application, site
dr;cwing and 'attached general and specific: conditions. Any
violation of these terms may subject the permittee to a fine,
imprisonment or civil action; and may cause the permit to be-
come null and void.
I his permit must be on the project site and accessible to the
permit officer when the project is inspected for compliance.
1 he applicant certifies by signing this permit that 1) this pro-
ject is consistent with the local land use plan and all local
ordinances, and 2) a written statement has been obtained from
adjacent riparian landowners certifying that they have no
ohjections to the proposed work.
(SCALE:
applicant's signatur(
permit officer's signature
04/23/91 0'1/23/91 _
issuing date expiration dab
attachments 711 .1200

' �•---�47
v

STATE OF NORTH CAROLINA BEFORE THE CHAIRMAN
NORTH CAROLINA
COUNTY OF PERQUIMANS COASTAL RESOURCE COMMISSION
IN THE MATTER OF: )
REQUEST FOR CONTESTED )
CASE HEARING BY ) ORDER
STANLEY AND JEAN SWZEAD )
Pursuant to NCGS 113A -121.1(b) and 15 NCAC 7J.0301(b), this
matter came before the undersigned Chairman of the Coastal
Resources Commission as a request for a contested case hearing
concerning the issuance of CAMA General Permit 8145A to Irene
Casper for construction of a pier in the waters of Albemarle
Sound from Ms. Casper's property in Longbeach Estates, Perquimans
County, North Carolina and a motion for extension of time to
respond to the Division of Coastal Management's recommendation.
MOTION FOR EXTENSION OF TIME
Petitioners' motion for extension of time is hereby DENIED
in that G.S. 113A-121.1 requires that the Coastal Resources
Commission determine whether a contested case hearing would be
appropriate within fifteen days after receipt of the hearing
request and makes no provision for extension of time,
particularly in the absence of the permittee's concurrence, and
the information that petitioners seek to add to the record is not
necessary to a determination of the appropriateness of a
contested case hearing.

-2 -
REQUEST FOR CONTESTED CASE HEARING
Upon consideration of the petition for a contested case
hearing, answers to the petition filed by respondent Department
of Environment, Health and Natural Resources and the record
documents, I find as follows:
1. Petitioners Stanley and Jean Swzead own riparian
property adjacent to the property that is the subject of CAMA
General Permit 8145A. As such, petitioners are directly affected
by the permit decision for purposes of G.S. 113A-121.1.
2. Petitioners have alleged the permit decision to be
contrary to applicable coastal management statutes and
regulations.
3. With regard to the statutes and regulations cited in
petitioners' request for hearing, petitioners were required under
NCGS 113A -121.1(b) -to demonstrate a substantial likelihood of
success on the merits. To meet that standard, petitioners were
required to show, based on the permit record and an appropriate
forecast of other evidence, a prima facie case of error in the
permitting decision.
4. Petitioners' request for hearing raises the following
three issues:
a. Whether the permitted pier exceeds the
established pier length on the shoreline for
similar uses in violation of 15A NCAC 7H.1205(b);
b. Whether the pier would have a significant
adverse effect on petitioner's riparian access
rights;

-3-
c. Whether the permitted pier would unduly
interfere with the public trust rights in the
waters of Albemarle Sound;
d. Whether the permitted pier would have a
significant adverse effect on the public health,
safety and welfare.
5. Petitioners have adequately alleged a violation of 15A
NCAC 7H.1205(b) and have demonstrated a substantial likelihood of
prevailing in a contested case hearing in that the permitted pier
appears to exceed the length of existing piers on the shoreline
and, in view of the Division •of Coastal Management's
interpretation of the rule, there is a genuine issue as to the
relationship between the cited rule and 15A NCAC 7K.0203(c)(1)
which exempts private piers of up to 200 feet in length.
6. Petitioners have failed to demonstrate a substantial
likelihood of prevailing in a contested case hearing on the issue
of significant adverse impact on petitioners' riparian access
rights in that petitioners have alleged only that the permitted
pier would obstruct the view from petitioners' property and North
Carolina law does not recognize a scenic easement as being one of
the incidents of riparian ownership. Petitioners have failed to
allege that the permitted 'pier would actually interfere with
petitioners' access to the water or with any other riparian right
recognized under North Carolina law and the record indicates that
the Division of Coastal Management has equitably apportioned
riparian access areas among the contiguous riparian property
owner in order to assure water access.

-4-
7. Petitioners have failed to demonstrate a substantial
likelihood of prevailing on the allegation that the permitted
pier would unduly interfere with the exercise of public trust
rights in the waters of Albemarle Sound in that the permitted
pier would be located 150 feet from the public boat ramp and park
identified by petitioner and the waters in the vicinity of the
proposed pier are, by petitioners' admission, extremely shallow.
Petitioners further have cited no facts tending to show that the
permitted pier would have public trust impacts beyond those
associated with the construction of any pier in public trust
waters and coastal management regulations specifically identify
piers as an acceptable use of public trust waters. 15A NCAC
7H.0207(d).
8. Petitioners have failed to demonstrate a substantial
likelihood of prevailing on the allegation that the pier would
have a significant adverse impact on the public health, safety
and welfare in that petitioners have cited no factual basis for
the allegation that the pier would cause trash and sediment to
accumulate along the shoreline or •that such accumulation, if it
did occur, would violate any coastal management statute or
regulation.
For the reasons cited above, petitioners have demonstrated,
by an appropriate forecast of the evidence, a substantial
likelihood of prevailing, as required by NCGS 113A -121.1(b), only
on the issue of the pier's consistency with 15A NCAC 1205(b) and

-5 -
petitioners' request for a contested case hearing is hereby
GRANTED solely as to that issue. Petitioners have failed to
demonstrate a substantial likelihood of prevailing on the
remaining allegations set forth in the request for hearing and as
to those allegations, petitioners' request for a contested case
hearing is hereby DENIED.
This the 3rd day of June, 1991.
JAmes . Harringto Chairman
Coa al Resources Commission

CAN1A ANL) DREDGE= AND FILL
GFNFRAI.
PERMIT
81458
as authmired by the Stale of North Carolina,
Department of Natural Resources and Community Development and the Coastal Resources Commission
in an arca of environmental concern pursuant to 15 NCAC _71i�.120
Appli(ant Name _.—Crane _Casper________.__.____ Phone Number_919-264-349$--.--.-___—
�lrldress . --591 Loiigbeacli_Urive__.--_-----__ _
t itv. .. Hertford _ Statc Z; 27944 --�—
---- p -- - -- - —
Ptrliect Location (County, State Road, Water Body, etc.) Pergu1jM1e__CQU1tY_,_9ff SR 1321 Lonna Beach Est?tes,__
Lot 22, adjacent Albcnurle Sound. '
t�11" rf Project Activity-7$�' x ST pier w3�i a�ac e_�b x �0'�al�ornt ---
PRt)I1_(:I DESCRIPTION
Oi,-i fdn(k) lenRth .IBO_!__X_fl
_201x 20' platfo m
groin length
number
flu'
length
nrorr. distance offshore
I Rasin, channel dimensions
tabic yards
Nnat ramp dimensions
SKf_101 PT, 1:S, FW
See Attached Plat
I h;s p"Inlit is Subject tra compliance with this application, site
dr.iwing and attached general and specific conditions. Any
vi,rlation of these terns may subject the permittee to a fine,
inlprkonment or civil action; and inay cause the pernit to be-
c(mlr• null and void.
Ibis permit must be on the project site and accessible to the
permit officer when the project is inspected for compliance.
he applicant certifies by signing this permit that 1) this pro -
i('( t is consistent with the local land use plan and all local
nrflin.rn(es, and 2) a written statement has been obtained from
adim cni riparian landowners certifying that they have no
141icr tions to the proposed work.
(SCALE:
applicant's signature
permit officer's signature
_
04/23Z91 _ _ 07/23/21
issuing date expiration date
attachments 711 ..1.200
In is ring this permit the State of North Carolina certifies that 2109
this project is consistent with the North Carolina Coastal application fee $50.00 pd. ek #
M.11mg, •stent Program.

CAMA AND DREDGE AND FILL �. ACC`s�IV�I .' A
GENERAL
' APR
PERMIT 0 191
as authorized by the State of North Carolina,
Department of Natural Resources and Community Development and the Coastal Resources Commission
in an area of environmental concern pursuant to *15 NCAC _fest 2001
Applicant Name — ITHi E Ca` r—_r._ — Phone Number91Q-2(€4=14L_A _
Address i 591?_ bea - Drives_---`-- -- --- — _
City Hertford _-- _._ State %'C Zip 27944
Proiect Location (County, State Road, Water Body, etc.) l_�XVUi' WS 1 n y c)ff SR 1-12l , Lana F�arh F'st-,t,
Lit 22, a(ljacent Alber-arl.e 13ound. __
4iT i�]' Wit-1iitt.ic ec-7n,X 20, 0111t. orn
I Type of Project Activity
F'ROJECT DESCRIPTION SKETCH fr^, W?;, 1-14
Pier (dock) length l X0' x (,
—20' x 2(i' platfor:i..
Groin length —
number
Bulkhead length
rnax. distance offshore
Basin, channel dimensions`_
cubic yards
Boat ramp dimensions
Other
s
(SCALE:
This permit is subject to compliance with this application, site
drawing and attached general and specific conditions. Any
violation of these terms may subject the permittee to a fine,
imprisonment or civil action; and may rause the permit to be-
come null and void.
This permit must be on the project site and accessible to the
perrmit officer when the project is inspected for compliance.
The applicant certifies by signing this permit. that 1) this pro-
ject is consistent with the local land use plan and all local
ordinances, and 2) a written statement has been obtained from
adjacent riparian landowners certifying that they have no
objections to the proposed work.
applicant's signature
permit officer's signature
_._ 04/2.3,19.,, 07/23/91 _
issuing date expiration date
attachments /1 i • s1_'i
In issuing this permit the State of North Carolina certifies that 1109
this project is consistent with the North Carolina Coastal application fee fi�0. 0C ck #
Management Program.
_,.,A 1
u .. j.
+ t Se(y' +attached Plat
t
t � e ii ii i
i
l
'W r
1
)
This permit is subject to compliance with this application, site
drawing and attached general and specific conditions. Any
violation of these terms may subject the permittee to a fine,
imprisonment or civil action; and may rause the permit to be-
come null and void.
This permit must be on the project site and accessible to the
perrmit officer when the project is inspected for compliance.
The applicant certifies by signing this permit. that 1) this pro-
ject is consistent with the local land use plan and all local
ordinances, and 2) a written statement has been obtained from
adjacent riparian landowners certifying that they have no
objections to the proposed work.
applicant's signature
permit officer's signature
_._ 04/2.3,19.,, 07/23/91 _
issuing date expiration date
attachments /1 i • s1_'i
In issuing this permit the State of North Carolina certifies that 1109
this project is consistent with the North Carolina Coastal application fee fi�0. 0C ck #
Management Program.
_,.,A 1

92.5 Mary -Land Avenue
V_Lrginia Beach, Virginia 23451
April 2, 1991
Mr. Todd Ball
Coastal Management
Route 6, Box 203
Elizabeth City, North Carolina 27909
Re: Lot 22, Long Beach Drive
Dear Mr. Ball:
nF- CE:I\1I'D
r:fP 5 1
We, Robert L. and Mary M. Casper, Jr. have no objections to Robert L. and Isma
Irene Casper constructing a new pier and deck within 15 feet of our property line
behind the garage located on the above referenced lot.
We are the owners of 94 Long Beach Drive, Lot 23, Hertford, North Carolina.
If you need any additional. information, please contact us.
Sincerely,
R. L. Casper, Jr.
( IOWA C/8C�-k pi -i -
Mary M. Casper

JOHN G. TRIMPI
THOMAS P. NASH, IV
TRIMPI & NASH
ATTORNEYS AT LAW
200 NORTH WATER STREET
ELIZABETH CITY, NC 27908
POST OFFICE BOX 788
ELIZABETH CITY, NC 27907-0788
TELEPHONE [phone]
TELECOPIER [phone]
April 19, 1991
Mr.. David Griffin
North Carolina Division of Coastal Management
Route 6, Box 203
F-izabeth City, NC 27909
RE: Casper Pier
Dear Mr. Griffin:
RE CF
APR 2 2 *91
I)Cu
E112mbo1h CMf
Offices in
ELIZABETH CITY, NC
NAGS HEAD, NC
Please be advised that I represent the interest of Stanley
P. and Jean C. Szwed`concerning an application for a pier filed
by a Mr. Casper on property located in Long Beach Estates,
Perquimans County, North Carolina. Mr & Mrs. Szwed will be out
of the country for the next two months and they have asked that
all correspondence be sent to my attention concerning the pier
application.
Please advise if you have any questions and thank you :dor
your assistance in this matter, I remain
Sincerely yours,
c4cww d Y �a4�, / v ?16
THOMAS P. NASH, IV
TPN I V / j mb
Enclosures

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. and Mrs. Stanley,Szwed
RFD 3, Long Beach Drive
Hertford, NC
Dear Mr. and Mrs. Szwed s
A G
l
This letter is
to notify you
as an adjacent
riparian
landowner of Mr./Mrs-
Robert L. Casper
plans to
construct
an extension of their' Hier
on their
property, 591 Long
Beach Drive
in Lonq Beach Estates
The sketch on
the reverse side
accurately
depicts the proposed construction.
Should you have no objections to this proposal, please check
the statement below, sign and date the blanks below the statement
and return this letter to.. Richard Watts at the below address
as soon as possible.
Should you have objections to this proposal, please send
your written comments to NC Division of Coastal Management, Rt. 6
Box 203, Elizabeth City, NC 27909. Written comments must be
received within 10 days of receipt of this notice.
Failure to respond in either method within 10 days will be
Interpreted as no objection.
Sincerely,
o
%des ,ee L
Robert L. Casper
_ I have no objection to the project as presently
proposed and hereby waive that right of objection as
provided in General Statute 113-229.
I have objections to the project as resently pr sed
and have enclosed comments.62
1 7
signature /,
Date •

:ILII Y 1 0 , 1 99(:)
py #31 Box 588
111 PII nitl), N C.
1)I IONI C 919-264-201f3
N. C. I) .I. V I S :CON OF t OAS f AI.. MANAtaEMC:•:N F
In 6, nax
I :L.I1A13E: 11I C f TY , N. C. '.''.7909
Al I I fJ l) l:)fJ Mo. R:I C:IIA14) WAITS
I)FAI Z Mo. WAITS,
1111: AI ZI ) N I?V Cl :I I )'I 01 AN UNDO] 1 1) 1 F I 'I I I? I I?OM ROOF Vol I_ .. C:A9)I Il
14(:1 F (F Y C NG IM3 AS ADJACFN I' R:C i )AR i AN I .nN1)Ob)f Ir:1'?S J*I In J' 1 II: f)I...ANS TO
C:UN':;'I I?CIC:'I AN F X I L NS l ON 10 'I HF I. R F) I F R I NC:I'I AS I: NG ITS LENGTH
I"ROM 1. ql:) I I :F: I I'll %"5t:) FF:1':-: T f)IAP; AN AI)I)ED 1)I AIK OF 12' BY 20' AV
!:01 1 ONG 131 A(:I 1 I )I? I VI 'I 111'' SC:AI.11) CONSI I ZI.IC:'I :I ON DRAW I NCi
is NL) ((;A I I: S (SCAI..f 14ONK).
.
01.112 t112: (i) NAI 013:11 -1 1 ON 10 A I ONC.•;1:.IZ PJH? AND O C:K IN 190;'
FOR I PA`ONS 1311 i MI)n i f Z1_•:I:l wA TFR ACCESS REST )i... l'E: D IN A 1)IJI:31.. f. C
I N I I I?I S] IZI V I:1 14 13Y I I IF C;()Itf) tal f NGI NI I:. PS. '11 II Y I)I i I IZM:I: NI: U
1'1 IA F A I) (I -:R (IF 106' AND DUCK AI)JO i N C N(i THE IF: 13f11..K1 IUAI) AS Ntl11•1
I X I S I S WAS to l n (.R 'ICI All I )AR'I :IFS CONc:I::.RNI I) . W!,
At I;C :1) I I as I 1 In F COMI NVO 1 i SK AND, Ff IF:RI •:I"t lRl:•: , 01:3:.f X V TO ANY
I )I21aPOSAI 'I O (:,(:) 131 Y(IND I I IF (all) G :I NAI IM I 1 IZM I NA'I ION FOR AL I I HF
SAME REASONS FHAT WC IZU G .C. VLN I'I II::N . I I IL::Y 0121:-: AS F" t11...1...OWS
1 . I I I I I)::I IZ 1) 11 R I'm I21 1 Al I ()WI- 1) '1 Cl 131: 1 Y.'I I N! 11 1) F VI': N A F I W I
ANI) I 1 IF I:II,.INI V! � OF ' 1 .C) I 1/ 131-OCK F: I; IL IZI Al .1- 1Alf-17 A !31:1`10,61?
Pro I V) I I GI AND l ("I 100!:;I 10 131 I:( 1, 1) ON (:11.)R COMMON 1 01 1 1 NF n!:;
I I II .: I :A';I )I- I?'; I In'•!i : , I I II:: f IZ I ) f. F:R'.:; 1,111111 .I) (N V RSI C: F [N FI?ON l' OF
0111? I'IZC11)I R I Y AND IN SI):I I F or A 1.:1(:)' CHI 13011 KIJI-AI)I I)
I;)tlF) 121 IZI:1N1 110 1)L01Y, (:1(112 (INI.Y AI:;t:;PT TO HIE WAfVP 1,1(1111.1)
131 1.1N1)I FZ ONF (11 'I 1 II 1 I?
<'.. A 1) 1*. I::I? I.' -:X I 1 1 11) I 111(i t ll l F :'!`;t:) ' I >L .l.l'; n F rn(;I IE I) 01 -:(:'K IN: V-. N(a
C CNV ORM '10 ( 1 11 11 It I )) 110; AND D CKS 114 1 ONG 13f AC:I I ANI)
I )I : ITIAC I'S FI!OM 1 1 II : NA FURN , 1:3F:A1.11'Y (')I w AREA, J l n :IZI ► !;
NO nl)'..!AN'I 0G ICI III [.n I N1 I) 131 VAL 19 1111 I,JAI I Iz IS L 01, 01 1 Y
Sl 161.1 1)14 A F I If FI III]? 1)11 I N F.
:�3 . I)IZ(:)l )I IZ1 Y w(:)I_II I) 131 C:U'1 CHI.
1' 12(:)M I 1 II.: PARK ANI) 1:311A F Rhm) . FI 1UY I,.JtallLD F: i F11UR I IAVI : I .)

GO (RI I AROUNI) A 111 PJ I P OR HNDI C? :l I . I AM 51.114: I 11(1"I ) I
1111 Y HAD 1*31-4.11 NOI (•1(:1111 .I:) 131". 01:3Jf-TTT()N!-3, 1-:Ror1
11:1 11 AI !:;().
I I IF ('(1SPI R I AM) I Y AL SO OWN 1 01 S 22 nNn 23 ANO WF WOUI 0 OHJFC'l
FO ANY S I M I I N? P ELIZ HK I NO 1"2O; VH) ON F I I'l 1111 (IV 11 013F CAI 11; VOR
1111- !:;(irll RI 0!;1)NS AS 01KA)l .
0F. OIZI-: 1,-:N(,:l U`.:; CNG A MOINNNAJRAHJ.Y 91N.RD (0ONSFvmvr1:DN
I)RhWjI`os SlH+RjMP(faD ON A SURVEYORS MAP OF LONGREAC" FSAAHS
!TR YlXJH (.Nlll)RMAFfON.
Hl' 14(11.11 1) 1 1 KI: '10 ORRANfil 0 I'll.- F NC.-; H I'l I I YOU '10 D I ,;(A)Sf,; *11 i fS
MAI ll -:R ANC) (A) OVHZ RF: ,AFTNO 10 HIF AM3V1:-.
tll N110NIA) 1 X1,1131 I(* )N'11*PI 14., Y(: HR Ill'l.P )N RI S01 VINC.-;
1111:S MAI 11.12 L,10,1- 131.'.
cc
MIPY H1:MR . WAYN�: 0=11,
• ('11)IF, PFCAHAJOPY F-UN(,l:f(AN�; lwmcll
I I.!,'
. .mmy !';(1121 >'; m: FITHMATS
1). 0, PDX J(Al:)(.')

MUDDY CREEK BOAC b0
, I•sY":tir 1 rr
2 3; :5 677 6 LG NGBcA- C H ESTATE
L C'
_
B !f P_RQUIMANS COUNTY, N. C.
4 _ SCALE I INCH = 100FEET MARCH 31, 1961
REG. SURVEYOR NO. L609
S . JIOr�TI 1; �2 I•i 14 IS 16 17 18
6
7 LSE i= E DRIVE 60
I4� 3 Y 16 ;4 I ti,
BLOCK 1� _ \
A_ 2 V IS ;� ; 2 yIW
9 —t
i0 D ti '� i 14 55 iT1 3 >�
y 4 O i 13 +I p 4
�' eta �•• r� 0) 5 M :j�• 12 � — I; 5
71 t
C• \ 6 �� T `O I ' I ,e f T 7 / �. , . i • J. J. J. . • i !. '
NI Y' g• O .I iJ
�I Lt�y D•'
LO y 10 1 8 , 910, 11 12 13 14 � 15 16 1;7 I t 8 19 20121 22 23 2_4 25 26 27128129" r
,. NG J;• 1
e�
I DRrl,, °� SOUr1D ?>VIE,A/ -DRIVE 60• �' {
3 �3 Z 4 5 J6 . 7 60,•
10
t2 13 14 J
J + 15
16 r o-
17
�+ 18
I J. • r
J.
—
2
r
I u• 7_ 3 4
5
6
;
8
^. BLOC:
19
9 15 }
14
13
'2
10 Y
r+
J.
�
4
m
2
.+O
3„0
:C
Z
71 ,. r n L1 /•
t9 DURANT DkiVE 6 0
0 c,
I 21. ' 2 9 ,,, rrl e
22
�' \ Q
A L B E MAR Lc SOU N D 2- �/ ,B O K•� . `9.:,10
t7 8 l
24
DRIVE,. 60
25
I ` C J, i
a- v
` PARKS 2 l 3 .4 5 6 7 8 9 JO .11 123 s ^J
ti
h
ALBS=MARLS SOUND

HEULIftu ;
APR 19 '91
rm=. C"
MY- . 1 1, 1 , ) i I I lir it I i �1
IJ, i:. fit
Rt. PA. R"Y ?n. -.i
Fli7nhrth city. N. r. 279n9
Dear Mr. Griffin:
Pt. 01, Box 588
Hr­rftnrd, N. C. 27944
6"riJ 10, 1991
RP: rrirrpr Pier
Ftfortivp immprliritrly and until F"rthnr notic",
11. Nash It) fit frim"i & Nnsh, 2nn N. Water St.
Hriy 768, F i 7abpth City, N. C. ?79w-076%
Phone (919) PAR 1)1114 All represent us antl Lucy Hanson
in the maLtrr n t. hr Carper pier & deck.
PIPaRr qpnd all rorreqrnndence, notices of action,
cnripn of pprmfits or denials and any nthrr information
relative to this matter.
Your coorerAinn in this matter will be orratly appreci-
ated.
]"I f -d
o: Mr R. Wayne WNW, Corps of Fnainpers
Mr. Ronrr qrhr­rtPr, N.K.Orpt. Fnv.Health R Nat .Rnn.
M!:--, . I aura Manuelse, Corps of Fnninners
Mrn. I my "a"qon
Mr. Hi I I Yri"nri
Mr. Fred Mansfield
Mr . Jhnma!-, 11. Nash IV

Dip
WW'W
February 14, 1991
Mr. Todd Ball
Coastal Management
Route 6, Box 203
Elizabeth City, North Carolina 27909
Re: Lot 22, Long Beach Drive, Hertford, North Carolina
Dear Mr. Ball:
Enclosed please find a copy of the certified letter we sent to Mr. and Mrs.
Stanley Szwed who are the adjacent property owners to the right of Mr. and Mrs
Robert Casper.
Also, please find a letter from Robert and Mary Casper who are the owners of Lot
23 to the left of Lot 22.
Thank you for your assistance in this matter. If you have any questions, please
contact me at [phone].
Sincerely,
N C -
Mary M. Casper
MMC:vbc
°. Enclosures

925 Maryland Avenue
Virginia Beach, Virginia 23451
February 14, 1991
Mr. Todd Ball
Coastal Management
Route 6, Box 203
Elizabeth City, North Carolina 27909
Re: Lot 22, Long Beach Drive
Dear Mr. Todd Ball:
We, Robert L. and Mary M. Casper, Jr. have no objections to Robert L. and Irma
Irene Casper constructing a new pier and deck (200 feet) behind the garage
located on the above referenced lot.
We are the owners of 594 Long Beach Drive, Lot 23, Hertford, North Carolina.
If you need any additional information, please contact us.
Sincerely,
Robert L. Casper, Jr.
J{
Mary M. Casper
RLC:MMC:vbc

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. and Mrs. Stanley Szwed
RFD 3, Long Beach Drive
Hertford, NC
Dear Mr. and Mrs. Szwed
r This letter is to notify you as an adjacent riparian
landowner of Mr./Mrs. Robert L. Cas er
new -pier er & deck beh'nd ear�ge on lot 227n their Plans to construct
in Long Beach Estates property, _ Long Beach Drive
depicts the - The sketch on the reverse side accurately
proposed construction.
Should you have no objections to this
proposal,
the statement below, sign and date the blanks below theestatecheck
ment
and return this letter to: Mr. Todd, Rall at the below address t
as soon as possible.
Should you have objections to this
Your written comments to NC Division of Coastal Management, Rt. 6
Box 2031 Elizabeth City, Please send
received within 10 days of recei 7t p9.of thisitten notice�ents must be
Failure to respond in either method within 10 da s
interpreted as no objection. v will be
Sincerely,
Robert L. Casper
I have no objection to the
ently
proposed and hereby waive thaterigect ht of eobjection as
provided in General Statute 113-229.
I have objections to the project as presently proposed
and have enclosed comments.
Signature
Date

i
NC -F Tc., SC�L-e
F -P -C

Rt 03, MY 5BB
Hertford, N. C. 27944
February 25. 1991
N. K. O i v i inn of Coastal Management
pt. 6, fox 200
f:lizaheth City, N. C. ?7909
Ati r-nt. i on: Mr . I nrid f ra I I
I'par Mr . Lia I I
I am erir: I c,s i ncr r.np i. e� of our letters to the Army Corps
of Fnoineern ,and the N. I:. Lrnt-,t of Natural Pecn"rces &
i'ommirni ty IrP lOPme"t. of tncleay for your information.
After careful consideration, we heIieve that thqpp
organi zat inns shnu.l.d he involved in any Permit: issued
to the Caspers since they hp 1 d a Pula 1 i r, interest:
rr,view and detrrmined t: hat the 106' pier and rl nk now
eyi"tinn was fair to both parties.
1 Inder nnrna l r. i rci rmst annrs , I agrne that we shni r 1 d qn
thro"gh channels to resolve the matter blit we hel ieve
if we wait tint i 1 the nermi t is issued, the pier wi 1 1 be
HP overnighl: and we wi I l have lost our chance.
I hank you for vnur Irnl p anci cnnsi derat: i nn. We wi 1 1
cnntact you the f=irst of the week.
I'
I
lean r . ,zwk
Knr::lnR"res
rnpy tn: Mrs:. I Hr.y Hanson
Mr, Rill Younq

ph 01, pox 588
Hor t f nrd , N. C. 2/944
919 ?f,4 2018
FrhrHary 23, 1991
Or,pt . of the army
11i Imin(Itnaa lei^t.rir:t, [:ores of Fngineer
s
P. 0. Box 1e90
Wilmington, N. C. 28402
Attn: Mr. K. Wayne Wr i nht
Phiet , Png"Intrrry Fifnct.innq Branch
I)ear Mr. IJr i r ttat : I00 : 4AWCOR2-N -072-0091.
I am r,nr, I ram i Irl a r.nt)y o f nar l ri. t rr o f ;'/? 1 /91 t o
Mr. liadrl Bal l of N. I:. IIivi inn nF t'na!ataI Mianagnmr'nt whir.h
exIII ainr: fit Ir r6 ject. Irin- to f�'ohrrt I Is p.lans to
cnnstrtlr,t a 100' pirr adith attachewd ?ca' x 20' deck.
in 1982, after your PHhlic intereat review, it was deter-
mined
eter-
minevi by your office t o issue tet a permit for a pier of 1061
( wh i ch w a�-, i l l eqa f l y const rncted on t he property l i ne and
longer than the 60' nr i g i na l 1 y suggested by the Corps) and
deck ( relocated adjoining the bulkhead). At the time we
were ass"red by all parties that our riparian access would
he prntected in r;rase of future pier proposals so we
accepted that decision.
In 1990, the [:rasher,s proposed to extend the 106' pier to
250' with an attached 12' x 20' deck. We opposed that for
rer-asno indicated in our letter as did l ncy Hanson, owner
of Into #?4 and 125. who would also he adversely affected
and t. he Perm it way dr --n i rd.
Now wr are acloin not if ind that the Gaspers plan to con--
st-rrlct: a 7n(.a' I,inr I,ait.h ?U' x 20' (Inck attached. 8in(re
10r i t in( -1 the ahnvr 1 r!t: ter , t have spoken to Mr. Ball and
he adv i and that hr- would he i sst t i nn the Permit next week.
Mr . R, -i l 1 t. i i, a t: wr1 wait a int; i 1 t lie prim 1 t is i ssI_teri
.and
then f n] I nw t. hrri tcah t hn proper chanrlr 1 s; with ot_Ir rah.ir'C:
t; i r1a^ . I Irarirr nnrma 1 r. i rnr.lm tanr.;rc , wr r-r„r r l d , but from
Pact experience, we know the K agrern will Ivy out i mmedi .-at c'-
1 y with a rrr o and have t: hr' Pier P i n i nlird in a day 'nvrr
the wepkend nr w inn we are away when Nr ran cin nothi nn to
stop i t . When tho r, i rr is r_Ita, no matter how valid nur
nh irr;t i nor: nr how many assurances wr have had, itwill st il),
Illy On it: did in 19RP

a+ , .4" t
I.ir, I-n1I I I I I i kr�
tri havr�
n mrd A i nq
W i t. I, rr,r-rnserlt nt i v(?n o f t frr,
Ormy 1'nrl� : of
r'na eta ). Mgmt . rind
N . C . Itr 11t. n f
Nat 11ra l
Pr,<2nl Irr:r.'S
R f;nmmnrr i t, y leve l nrimr?n1. t r
rnvir,;i t hrrir.lirt:r,
rrt
t:hr, hrnr1nrty
nwimrn ndversely affertnil
by this p i rm
rm r,l rr Inn 1
r-.rl in a 1 Ro
W1711117117 I I UY I lansnn and
R i 1 1 Y1111n".
Ynnr immr diatn rrt.tr,rrl irrn to thin mNt ["r wi l l he nrraL l y
OPPre i ;t I. r iii a" will nny help YO l rnn c1 i vr.
Frlr' I r7^I Irr,
tcr= Mr. I nrlrl Ra 1 1
Mr!;. l 1lr;y I lanr;nn
Mr. Ri I I Ynuncl
c, i rncor r,1 y ,
f,aI1l r -,y & .man S71AP-11

Pt:. 03 , Box 588
Flnrtfnrri, N. C. 27944
919_264-2018
Febrriary 23, 1991
rr )mml.l n i t: y t)ev .
Office of (:pant a l Management
Field Servir_e
(lisah i rnit: ran . t,l . (' . 27589
Pr— tlnt,r•r 1. I.. (-I', rr r
f'irr R Strnder.k
Ot, t: ent. i ran : Mr. U av i r1 1— I-In^set t
['par Mr. r rv: s -r -,t: t :
1 am Frac 1 os i ng I ('r)py o f ntar letter o f 2/21/91 to
Mr. l ()rlri Rall of N. 1'. b i v i s i ren o f Coi t a l Manaqement which
exr) t a i n, our oh.iect i ons t o Robert 1. . Casper 's p l ans to
r:nnstrl.rct: a 200' pir�r with attached 20' x ?0' deck.
You were in-:t.r1.ImPnt,-a1 in the events le-artinr-i to the decision
fay the Army r carp of F ranine rs t() i ssl_re a permit to Robert:
I . Casper for 106' J -A er (which was i 1 1 ecaa 1 1 y constructed on
t: hp pr aper t y ) i ne and longer that the 60' nr i q i na 1 1 y
crlcrUestefl by the Corps) and deck ( relocated adjoininq the
hl I I khea(A ) . At: t. he time wry were assured by a 1 1. parties
that nl Ir riparian ,ar,r'r?sn r.,rnta l d he prnt er.t eri in cage of
future r)ier s;r.J VIP acceptnd tIrat, df=r-isiron.
111 1990, the (:asncr ' proposed to ext end the 106' pier to
25n' with Ira at:tar,hed 12' x ?0' deck. We nppnsed that for
rr,asnrrs i rrri i r.at.�ci i n nl lr Ir
tt. r,r as did I- ur.y Hanson, nwrlpr
r, f 1 nt 57� 1f24 R li;'r; ;anti the p(,rm i. t Was den i ni 1 .
hJrrl.r t•.rr' parr nna i rl rint. i f i r d thrill t hM- (:aPrr'r^ n 1 an t:0 cnn--
',,f) l' fiinr wit:ll r'(1' X 2W der;k attached.`. inr;r-
rrr i t i nrar 1 I in irihnvo I r,t t r,r , 1 have c 1po kr,n t n Mr . 13a 1 1 and
lie :adv i r-ri that hr arnr I 1 ri lie i ►.1 i nrl t ho nr-r m i. I: next t.,rPek .

C Ak
fir . n,a 1 1 �,IIr�r7r•r;t��r.l t: lyra t.
T-1 t' i 1 t hr'
t1rrmi t: i � i nSt!r'ri
:attrf t; hot t n I 1 r iw
t hrnl Irah
t I I-,rnrf-r cIIaT)iIr I
r.,I i t h nt Ir nh.lnc -
t i nnF; and nI Ir Ir,r
ranrma I
r: i rta.Im^ .anr.r q , wr- I•.uml 1 ra . From (east.
F-XPPri.rnr r,, t.tr'
knnt•t t, hat,
the- I_;aspCrs' t•Ii 1 I
hr- out immediat:e-
I > wi 1. h ra runt,p
arm have
t. hn p i er f i ni =;hrri
i n a day over t. hr
r�!I-rkend t•!hr't1 iwo
can r10
nrithi nr:a to St op it .
I,!n wnI I I r 1 i kr t.n Ii avr, a mnr,t i nn a' i t h rrrrrrr,r,ntat i vec of f hr
Army (;nrr-, nf- Fnninerr^, N. I,, nivi inn of I*oa sta1 Mnmt
r.I NatIIra1 t2rnnllrr;rs nmmt!rtity Ilr,ve]npmerlt
tc) rpvir?w the right:, of the property nwners adversely
I f ec:t ed by t lI i i nr I_)ropnsa .I who a 1 F --.n i nc 1 Inde Lucy HaT)Sorl
.end R I 1 YrltJnc=l.
YnIIr immrrfi,atr rtt.l.r-ttt inrl I. r) t hi r: milt I(r Iqi I 1 hn ctreat:ly
11)I)rr�r.i-III o 1.
F.rlr; I rt.^,I Irr�
1'np>' t o : fir. 1 orifi Ra .I 1
Mrs. I .I wy I fnasnt I
fir. Hi 11 YnI InU
'Manley X .11"IT) 1.i7.wecl

v
i`�F t'. r :r\,
40. -t +w,
�aAJ) 81991
Et -*s k� oq..,5�y
,Ap,� V'e,-�,194q
2i. co J3 o -y 2 0�
EC�a��

I
•It
M

Ow M
I
MQA
TSN
Flt: IM, Pr,y `MR
I Ir -r I. t ord , N . c . 27944
Phone 919 ?1,4--2010
March 7, 1991
Mr . vav i d I_;r i t t I. n
N. C. D i v i s i ilii of Cnaq. t a l M�tnagr-me-nt
PI: Prix '210
F l i zal:,rt It r i t: N. C. ?7909
Re:
I ot. 1122 .Lnnq Bc.,j .h iir. i k;r-
i)r'ar Nr . i;riff i r+: I' i rr x, heck
1 have hr,r,n i of r,rmr�d by Mr. i ndca na l t in yrrT Ir of f i r,r . t. h' -rt ynl I
arr7 in t. he r,rncr-.�r;. n t i >c;l I i inti a i 1'r-rin it: I rndr'r 17;or:t: i on
1?L)0 r+f the Nf?f.a) r'nn^t..al Martiigr,mr'r+t. 11',:11/11 .1200 of the
f lnr t h t.a r n I. i n (lrlm i n i ..^t: r a I; i. ve i :orlrl. On t rr I I I: ),/ 1 h/s�9 , I'agp 1_
t'n Robr-art i.. r:a!:vnr .
I L,rr,ttl rt like to tic+ i rt. ntlt. that. rrnrir�r r,r?r.t. i nrI 1 :'():' !tl'F'f2CJVF.f)
PRI)iTOURf -)' mr_r.^t: hrrTvirte contirmat ic)rt t:hi1t.
r,l_,t ,t i nrri r; i CIT lei 1 liy 1: hr' a(.jar:r.nt.
riPar inr+ t-)rIg-11'rt.y rjt,rIr-aI.i111:1 that: 1 r-• Ilavr' nn oI).iFl, r;l.ir)rT.
t n t IIr' irrnt�n^rrt I.rnr k . " (hi c nrrrli t. i ri+7 h,:�^. t)rrt frail m(,t: and
Lhr�rr 1 nrr> I;rrrlr'Ya I
Por mi t. Iindr'r I. -Ili! i nrth nt-nvp
lint ,)v, -+i 1 a1,1 r' t.n Mr. i:ar;r1r-!r. .
01sC+. the ^t:rilr:tl_Irr� t�rnr�r) nil dons not meet. with the General
Cnnrli t i nw- I+nrirr inn . 1 ;'nt�q 1^ f
(r: ) Ihi­, rir-r I,Ti I I inthrfrrr- t,Ii t,h navi.rtat inn and the ttsr.
of thr, wakr-r-, hnat. ramp and park. Tt. vi l I hr. in the arra
oIit, rr, rr-,>.i.rionl,. !-lmim ,-it r+i liitlrIf, h bnatr .
( r 1 ) I II i ^ I) i r,r ,-ind rlr,r:k iirr-- rrrlt in t ho hr s: t. rinl+l i c: i tit cref^t.
"i. 111.1, 11if' ni:1, i v i ti i.r„ t:Ihi.rh t'ti 1 1 Iir> carr incl ntlt nut them w 1 1
"irrt1i f ir:,"+nt 1 of fir t ! hr' 11IF] l iI_- of t hr- Him -in r-rtvirnrtmr-rlt.
anis Ill+rlr'r':r;r;,l.Y ]. i Y r-1lrllnrlr'Y ari.inl rl1 nr1 nrritlr'YT; 1 r?^.
(r ) This r:rir,r nrcl IIr,r-:k w,i 1 I a ,r-rseIy of fr't. areas t,+hir.:h
i,,,.
(,!7,, f7, ,;r:r,rli,-. .tI11 rnf,rr-a t; iona t vaI IIr-

. . if
P viri•i (i1 i.Irr- riant.R In I"rp to r.nmply "it.h thr above
APr.t i nnq of t hr . t. ho r orm i t: prnp nn I na nrn^W ed - rfnn-
not mr'pt On in Pr,i ui i I: i rnw n l !hr Rrnrr a I Porm i I. Code Sr>r.t. i ren
6q ad i anent r i njrr i ;iii rm ir)rr t. y nl•nirr tit Mr . i :rr .Pr,r , t i n5: i ..^t.
t:h,it. a l I rpt i rlrt:., I -I-) i ,^.irr> n I;rnr.ra 1 f'rrmi l rr ;� >.r ,it nnrr
'Int. i I t-hf, r I. irrnr-. rnrr. met. .
I f yni_I a rr> in 1'1 1r -!- ,-�^^ i. nn of facts that make the above
Prnr:ndurry and I, nnrf1 t. i nnR invalid, rl rann r:rtntact me in
wrii ii n immodintr Iv.
Yn"r immnriWt- at. nnt.inn In this maLt.rr wi I I hp nreat.ly
npprrripf.p f.
I; i nr..orr, I y ,
Stanlry P. & .Tc'.an C. SZl•ef]
(Amly tn: fly-, lr,rirl [inn I . N. C. f►ivi^inn of I'oanta.l Mumt:.
Mr. Cliff W i nr f nrriner , Army, Wrl"" n l Enrl i neerr,
Mra, I r cy Ilnnann, Prnprrt..y i wnrr
Mr. Rill Yni r nn , Prnppr t y nwnr,r
Mr. rrrrl Mangy,f iplrl, Prnor>rLy funrr

k
i
APR
Rt tt't, Wix WR
Hert; f nrrl . N. G. ?7944
(tpri l :3, ivvi
Ma I+r �irf +ori I I in
iofI r,f r ,aa ,t.�r l Ma+aanr'mr r+t
Rt: 04, Rox W-1
Fli7ahnth rit.y, N. P. 2/9n9
RP: Ka"per Pier & Deck
I anar Mr. +;rift i n :
F.:f Yr,I+ r I -.nrl to speak 1. mrr-,t. tJi t: FI n wri t:e to
mf-, t Inn tray nt' kruu•+i-nn i f yran havo recrtiverl my tett:rr
fit dnt. a i .l i nrl my nh ir-et. i ons t n the. t'asper pier and
rlrr:k. Mr. Pall ommurem me Yn+.+ have. I roarranned my plan`:
f nr 1 hr -• not i re ,drnk I ,art. I,Irek tr-a 1-,r ava i J ah I n far yn+-tr
t it yraa+ r-1ir1 not. even have t lie courtesy to rhanne or
hroak yr.anr appsi nt.mnni. with me or atop by the day before
when Y"" wore hare. i heal ieve the Public ha, a right t:n
hettnr trrat:mrnt tha++ that,
Since wr i t. i net to yn++ on 3/Z/91, 1 have been provided with
I ind at ed t;r-r+era 1 dorm i I. rrnu 1 at i onn under Kect i on . 12oo of
"I" NR+XI - +.:oamt,a l Maraanement 1 15A:07H . 1 00 of the North
+:yarn l i n.a Admi ni ni r, -at. i vn code dated 1/29/91. 1 would like
W riot at n my objections to the Casper pier with t hese?
undated rtrr-t++I,at.innn in view.
Ilam nril. meet; with the General
r_:nnd i t i n"R under `;c•,.:1'. i on . 1204 as f a l l rrwq :
( c ) lhi^ pier wi I I interfere with navi.nat:ion and the use
nt the waters, haat ramp and park. It w.i J 1 hn in the area
where rn!, i dnnt:s of l lana i3each swim and l at+nch boats.
( d ) 1 hc' PiOr and dank arr:� rant in t hn hest p++h.l i c interest
since the nct ivi t ire which wi I I he carried out o a them wi l 1
c:inni firant.1.Y r-af tnr:t. the rl+tal ity nt the human enviornment:
%al,r 1 Uniaf�r roc;< ar i l y ondrannrr adjo i n i nn properties. Thr-
"Prfrt.yir,q" will set a poor example for ynunq people who will
he ++mina the t>ark arid s+arrnr.+nrlinn water area. It is certainly
most. +Jap 1 nasant for nn j ohhnrs to have to watch these activities
nvery farnkond .
( n) 111 i^ +-, i pr and IOU U w i l l adverse I y a i i er:t areas whi ch possesq
• m1mOn and rrr.rr,akinnal vrah+r, thin t inn in with item (d)
if To r, .
(h) I h i^ t1 i rr in nr,t rjurn i n t rrat: with I r" A l land use since
all p i rrR in the arra are der: i ded l y l eaq It= the 100' r::ri"prr
trier i l l nr+a l l y r:nnm r trr.wo err my 1"I I i np .

01 so, t hr- rJ rr
dr-teR not meet:
rert a i n c;I--ir,r. i t i r:
Corid i t iono
tinder `;r�r:tir-In
.1205 as f n I Inw<;:
( h ) I I IF- p i r'r
ry. t. ends; hryond
the rst..ah l i shad vier length
alnrart thi.^, �hnrF,
1 ine.
( ct ) The vier
interferes wit.h
riparian anceon
to the park
and hoot: romp.
A l a" t hr 101'
pier a I rr'adv in
ex i stanrrp dues
not have a mir,imttm
Pi-th:ar.k, of
15 teat from t:ho
Fadjacent.
property lines
Pxt:r'ndrd into
the water .
nls�rl tr, I aIrra(Iy have pirr^, rt.ruct.ttres, etc.. on
the t hrr-e l nt„ a!; t,ir, I 1 oa structi_trr� on t hf'
htilkhr-ad as drtailrd in my 7/21/91 letter to Mr. Ball. Tho
hili Idinn of thnne strrrr,ttirns has caused a r,hame in the
rr.n 1 nn i ra 1 ho I at ce . 6^ a result of driving so many pili nos
in the area. the ,and has built uta in such ,a way that it
cat Ingo rtnrh.aqe and debar i s to collect in front of Properties
in thr area . i he ,trench is sometimes ttnhrarahte.
O tr or i n i n.a 1 nh. ier-.t: i ran to a longer pier and deck in 198?
for reasons of impaired wate_r access resulted in a pt_th t i c
interest review lay t.hn Corp of Fnginears. They det:ermined
that: .a pier of 101' as; now exists was a fair comprimise
to all prnpert y nwners in the area. We accepted that com promise even t; hn inh the pier was on the property line, and
therefore, nh.ir'r.t to any proposal which exceeds the fair
l engt: h det corm i nod by the Corps of Eng i nears .
He rr.�grterterl a meetinct to dincatss the matter to try to
resolve it and would still like such a meeting to make our
f ee I i rags known.
Yrtur viromt-it. at.t ent i nn tii I I he great I y appreciated.
i i ncere 1 y ,
Ivan (-:. '�`;Ztgnrl
lgly to: Mr Iradrl 11.111 tI. L:. I?i��. ra) r:n;tom;t:al Mrtmt.
Mr . Rr,rtr,r ;rhr r t:rr , hJ.f:. Mrp! . of F nvi rnnmenLa I
Ilr',a i t It & Maturo 1 f2rf:rallYr;e ;
Hr . Wayrtrr, Or i rtht , Wrps of i nni atrpr
f1^. l al Ira Manl Ire l e , Corps of f Tart i n"Prr;
MrG. I tiny H ann"n
Mr. Pi 1 1 Yn"nq
i•lr. lrrrl Mann:l irlrl

t
(' RECEIVED
{
OR '91
Rt 8A, Rox SIM
Ifor.t-.f.or.d, N. C. 77944 Fillo4"0111
Apr i) 3 , 1 99:1
Mr Davi({ (il'1.Ff.i.n
N. r, f)i vi si ntl of c (w!J ;)1 Manape•TnPnt
Rt. jl(i, Rom )O"l
F. i 71hPi h Vii -Y, N. (:, )'/()0O
Re* Pier & 1)Prk
i f f i n
5; i nrr yntr hclvr rPtusPrf t n �pealt t -n, mart with or W.r-i t P t n
ttlr', 1' )lavr' tlo Way of Ir)lowiTiq IF yot.l have rocs-IVed Ply lPf.t.Pr
of 1 (3r -I ,1'i 1 -i n(1 my oh-jrrt 'i or,s t o i hr, (';lr;nrr ni PT nr►d
-ISgMf--S IIIc+ yoll have . C rear-rawind. my p I, a.Tls
for i bP r•nt i rP WP(lh Iasi wrP)t to )-)e nvai 1 abl P for yrnir
v i.s i t' hilt'. V011 did Tint'. PVPII have t•.he cour, eery t.n r-ha.nge. or.
hr Pal; your aT)Tro-i T)t rnPnt wi th YTIP nr st.On by t Yve (3ay hPfore
wh.rrl yntl wPrP here. T he I. i.eve the nl.th I. i.P, has a r. i.ght-. r.n
het # Pr t rPat.mPni than that.
ii.rlrP wri.t:i.nrT to volt. Ott 3/7/91., T have been provided wi.t.h
t1n(latP8 (;enPraI perrnit at.:ions under Section .'1700 nt
t.h,- NRCD ('nasl:.al. MatlagPtrient-. TI.5A:07H, 1.700 of f..be Nor.t-.h
Varol i nn A(lrn'i ni st-rat i vP C'nde datP(t I would I i )cP
• to restate my nh it -of- i nrl,s to the Casper. pi.Pr wi.t.h these
ltndatrd ro-milal..inns in vi PW,
The s f. r. ttr. t-.urP pr. nposPr3 do( -1 1101-. (fleet. With t: he rener.'a 1.
Condi t -i ons 11n(3Pr Seri :i on . 1 )04 as fo:l ) ows:
((-) Thi. r,, pier wi.1.1. i.ntPrf.Pr.e wi.t.h navi.gat.i.nil alld tt.hP use
of i hP Wat (--rs, },oat r")rnn nrld Tin r)t • "t t. wi :I :I hP in i hP area
where rn�;id�nt'.S of r,nnry RPar'h swim and I.aun.(-h hoat.. .
(3 Pi '1'hP p:i('r and r3P(•1t DTP t)oi -in t}lP hPst r'l)hl:ir. int PrPRt
i tlrr+ t' hr� a -f i vi. t -A-01, whi.r.h wi. I I. hP car. r. i.P(i o0 on t.hetll wi. 1. 1.
�; -i (IT) i f i 0,1T)i I y of f P(•t I he (III i t y of thr hl)yr, ar► Pnvi Ornrner)t
;l,tlrl ttnnPrr�,,aar i. l y Pnria.ngrr a.rf, jni.n.i.ng hrnnr�rti Ps. 'r.hP
"nart.y'i n(t" W.i I 1 set :) Poor (ry,ainnl P for yoltncr pe(in)p- Whn w -i) 'I
h(-% w"i.ng t'.h.P paY'lc. a.tUl sill-rnn.ndi.nq wat.r,r area , 1'1•. is rerl:ai.tll.y
most. uYin I r;ww rlt f or nPi ryh}',ors t o 11 )vP t o wat c} -t these
f'VPY.'y wr+PlCr�tl,('i ,
(P) Ybi p'i Pr i llf� (3rr'li W1) ) adversea y �f f P('t arPas wh] ch L)nRO Pte}
goPtlic inti rPrrr� ).t.l.ntl tl Va.l.lt('. '1'hl..^+ t.l P^ 1.T1 Wit -h. 1.tPM (ri)
(l))
This n-1 r•r i !. not ronsi f;t Pni W] t 11 l or l I i)TI(f 1)�e ^.l PrP
a1 I. pi.Prs, i.tl t.hP a.rp'l a.r.P dPr,i.d(-Idly to%sr, than t.h.e 1.06' Caner.
pi Pr i r.onst rltr.t Pr3 on my .I of ) i T►P .

T1 !:n, i h(- T)i (,r (In fs tint "jo-pt c,pyt a i ),) Sp(,jr!:i f i (. (!()T) (I i t i ons
TI(JOr )k-(-1- i.OTj I )Or) fol,
('r ('30 hF`VnT)(I the Petah) i --flpd ni er I Pr)(1th
T)I-(-rf r -r, -r. with rinarian to the hark
and boat ramp. Also the 1,06' pfer atromady i.n exi.qt-an(-e doef.,
net. halirl -I Ynjr)imum r.f-jj-iacjt of frory, the a(Ija(!f-T)t
T)r-ni)prt-.y li-nes extended i.nl-.o the water
A). -o the Canners: al ready have S piers:, struct=ures,
the three 1,nfse t 0
;is well [ as a
rhowe
s 1- 9 ructure on the
Y"1*1"Pa(I I's detl-li)ed in Yr'Y 2/21/9*1 letter to Mr. Ba).l
h"i-ldi-nq of these stri.jeti.tre.s has CallSPol n ohanqA i.n the
P (- OJ o qJ 1) a I As a remi) t of dri vi Tul SO MRT)Y Pi I i T)qS
to the area, f- sand sahas b"i. I. t 11P i.n Such a way ghat-. i. t.
'allsesctarhac>IPaDd d"br-i S to ro-I J ect i T) front of Propertj es
tin the area. The stench is somet.-A.mes tmhea ra h 1. r! .
Oiir ori qiMl) 0h ' -ir-Otion to a IoT)q(-,r pier and dr-rk in .1 9f1?
• for reasons of imnai.red water aco-ess rf-SI-11-fed i.n a publi.c
interest review by thp cnrT-, of j--jjqi)r)pprS. They detloryni ne'd
that A. pi.er. of 1.06' as now Pxi.sfs was a fqi r (-
omt) r i. mi.s p
to as 1 PyOr)eytY 0WT)PrS iT) the F)rPI. WP -)O.Vontp() that Voyfl.
promi.se even t1joilqh t.he pi.er
wa 9
or, the T) rot)
erfy Une, and
therefore, nhipet. to -,Ilr)y pronosa3 which PxCeeds the fair
I.Pngth deh-rmi.ned by the Corps of Fnqi.nePrS.
Wry r P(T ii P s t P (I a Tn(*F, t i r) q t n 81 !- c i v s f- t� h e yrll t t Pr I n try to
rPs(-)tvt- it. A"( -t wo'll-d sti-t I. l.i.kp such a mep.ti.ilq to make olir
I r r-1 i T) q s k T) (-,W)-) .
Your vroynni ntirT)ijon Wil f ho- qT-o"Itly
I
Cony to: Mr. Todd Ral.l., N. C. Oiv. of Coastal, Mqmt.
Mr. ROCIer SPY)PO Pr , N. C. D( -pt of pr)vi ronment a.I
flea tth & Natuxal Rpsour c f --
M r Way"P Wright , (.,orr)r.. of Ry)(TiTIPPY's
MS T-altra Manuel ke-, Cor. ns of F.nglneers,
Mrs'.. I -lir -V Yjansor)
Mr. Ri 1 1, Yot.ing
Mr . Pro'd MaT)r'fjPld

Mr. David Griffin
H. C. Uivisiun of
Rt. 46, Hox 20:3
Rt 44:3, Hux 'Mu
I I e -r- L t ori I. I'] . 1:. '?/V44
Phone V19 -?640018
MarGh /, 1911
f'OaStal llanai4e!Tlefit-
Flizaheth City, N.C. 21909
War Mr. Griffin:
MAR 1 1 '91
Re: kribert 1. Caspar
I u L OP2 .1 on" Heanh Uri yt7:
Pier & Ile ck
I have been int armed tiy 11r. lodd Ball in your ot-fice that yoti
are in the process o iSSU inil a General Permit ""der SuGLion
.3200 of the NRCD - Wastal Mai wqemunL lIK:H/H .12431,1 "1 The
Nor Lh Carolina Adm inintraLive Code dated uj/16/8V, paqu 1.
to Rulaerl- L. Casper.
I wean Id I ike to Point out that Inolur TwuLli"i I.W AP144JVLIJ
PROIJIIIJRI--`a item (h) "the a1,P1 li,JHL M"W prHVidU confirmation Lhal,
a wriLLUH statement lhw; W-w"i uhl-ainad nignati by thu adjauunt.
riparian property ow"urs intlikWinq L h a L thij have no ohjinWom-5
to tne proposed work." IhW LA"Idit.jUll lhi:.-; 11111. llk!j:!Jj Infl.t. and
Lheretore a benercil Kermit tinder this Code aS WeL lorth above
in not available to Mr. n,ispor.
Also. the structure pruposud does not meet: with the weneral
randiLiuHs iincler 12OW4 as ["Jlowu:
(r;) AN pier wil I KLurturt, with naviqaLi"H and the "mu
u the waters, lural. rOMP OHKI park. It will he in Lhu arc a
whore residents swim and 1.1w;h whits.
kd) This pier And deck aru not in the huwL pnhli" inLurusi
since the a"tivitius whi"h will be Garriud ""L "" Lhum will
uIgniticHritly al-tu"L tha uncal iLy "t tlW IMMOH U"ViY""MIA111.
and unnecessarily unlana vor adjoininq prupurLius.
(u) This pier and deck will advursely atteuL areas which
Possess Been ic and recreaLijai al values.

In view ut 'the appliconts tai lure to Gumply with the ahove
sections of the CODE. the Nurm i L I �rupu; a 1 an present ed dues
not meet, the tend i L i t u m u l Lim tau► lur a l Permit. l :odu Suction
. 1:?00 .
As ac.l.iacent riparian Pruper L y owner to Mr. Casper, 1 insist
that all efforts to isn"o a General Permit r►;dse at, onr,►:
until the above conditions are meL .
If yo►_► are in possession o f facts that ►at make the ahove
Prnc edurc's and Conditions invalid, please cont. act. file in
wr i t i nq immediately.
Your immediate attention to this matter will be c)rcat ly
appreciated. ,
Sincere y ,
Alinley P. &
l l i• � %
Iucan C )Zwed
ta= Mr. 'I odd 11c►11, N. (.. Divisi(In cit Coastal 11�ImI
Mr. C 1 i t t W i nu t-urriner , Army, 1,orps ►►t 1. il i ►►:c:r:>
Mrs . I ui.y l Ial i.A,i I , I'rr il)c!r 1. y f )w► iur
Mr. Bill Yun nij , Pruper L y Owner
Mr . F- reel 11c111ti 1 i c: l d, 1='ropert: y Owner

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Branch
Action ID. 198200091
Ms. Jean Szwed
Route 3, Box 588
Hertford, North Carolina 27944
Dear Ms. Szwed:
March 29, 1991
APR 1 '91
Reference your letters of February 23 and March 8, 1991, regarding plans
of Mr. Robert L. Casper to extend a pier on the Perquimans River at Long Beach
Estates, Perquimans County, North Carolina.
As explained in your March 26, 1991, telephone conversation with Mr. Cliff
Winefordner of my staff, we have not received an application for Federal
authorization from Mr. Casper to accomplish any work. Our last contact with
him was the June 11, 1982, issuance of Department of the Army authorization
for him to construct and backfill a bulkhead and construct a 104 -foot -long
pier. You have informed us that he has applied to the North Carolina Division
of Coastal Management to extend his pier to 250 feet and add a 20 -foot by
20 -foot section. We have informed him that he must also obtain authorization
from us prior to accomplishing such work.
Presently, you should present your specific objections to Mr. Casper's
work, in writing, to Mr. David Griffin of the Elizabeth City Regional Office
of the North Carolina Division of Coastal Management. After we have received
an application, we will give the concerns you have furnished our full and
careful consideration.
Questions and comments may be addressed to Ms. Laura Manuele, Washington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Copy Furnished:
Mr. David Griffin
Elizabeth City Regional Office
North Carolina Division of
Coastal Management:
Route 6, Box 203
Elizabeth City, North Carolina 27909

II ITIiT� \ DEPARTMENT OF THE ARMY
• , \ WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
�•AF� March 29, 1991
IN REPLY REFER TO
S: April 12, 1991
Regulatory Branch
Action ID. 198200091
'
Mr. Robert L. Caster APS 1 'C?1
1338 Porter Street
Chesapeake, Virginia 23324
Dear Mr. Caster:
It has come to our attention that you have applied to the North Carolina
Division of Coastal Management for authorization to extend your pier on the
Perquimans River at Long Beach Estates, Perquimans County, North Carolina.
You must obtain Department of the Army authorization before beginning
work. Enclosed is a pamphlet, designed as a guide for applicants, that
explains in general terms why a permit is required, when one is needed and how
to submit an application. Proper and complete submission of the application
is essential to ensure prompt action by this office.
In applying for a permit, one completed application form with drawings
should be forwarded to this office. The requested information should be
submitted before April 12, 1991.
Extension of your pier without Department of the Army authorization would
constitute a violation of Federal law.
Questions or comments may be addressed to Ms. Laura Manuele, Regulatory
Branch, telephone [phone].
Enclosures
Copies Furnished (without enclosures):
Mr. John Parker
Division of Coastal. Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Mr. David Griffin
Elizabeth City Regional Office
North Carolina Division of
I,"' Coastal Management
Route 6, Box 203
Elizabeth City, North Carolina 27909

Mr. (.►avid Griffin
1d. r.:. uivipion of
Pt. "A' Box
Rt 09, Rox 588
Hertford, N. Q. 27944
Phnne 919 -?64 -?01R
March 7, 1991
t.oas;t aJ Manactement.
[.I i Tal-ir!th 1..it:y, N.I:. ;'/`?()9
Dear Mr. 6rol tom:
Re: Rnhert. L. Casper
lot #?2 .I onq Beach Drive
Pier & Deck
i have herrn i n f nrmrd by Mr . I "dd Bal 1 i n your "f f ice that you
are in the o1 ^i.i i r l a General Permit under Section
1 Jr lel o f the NRrn Coa.^t a l Managpment: 1 1 4 : 07H .1200 o f the
Mnr t: h r 'a r n l i nn rldm i n i, t r a t i ve rode dated OA/16/89, Page 1.
to Rnhpr t 1 r :asnor .
I i.jnl r 1 ri I i ke to point r u s t t I la t. under nder `:;rr:t i on . 1202 APPROVF I.)
rRiwf: 111IRf ', item (10) " I he appl. i rant. must provide confirmation that
.a written statement ha<: hrrn nh a i ned pinned by the ad-iar.ent
riparian property nwner , i nr l i rat: i ng that they have no objections
to the prni cord work." I h i c nnnrl i t. i nn hap not heen mel: and
t hrrp t nrr a HPnera l i'rrm f L lender this rrlrtp a^ ^rt forth nllnve
im n"t ava i I ah I r> to Mr. rapper.
nlRn, the ntrrlrtnre rrnpoRed dneR not meet; with the following
wrnPral mnditinno crueler Knction .1204 (r:), (d), (e).
In view of the a1-plicant:c failure to comply with the above
err: t i nng of the I- H 1f: , the permit: pr nnnsa 1 as presented does
not meat t hr r-nnd i t: i on`;c of the General Permit rode Section
.1:00.
o5, ad inr:ent. r i r,:ir i an nrorlerty nwner to Mr. I insi^t.
t:tlat. aI1 el Inrt.r: t.o in.^.ilr a r-�eneraI Permit cease.
I f yni i nrr i n i nn o f f ac,t;!::� t hat ma ke t he ahove
tllror;nd rrr?�-> anri r'nnd i d i nn-, i nva l i rl , please cont act me it)
I -Jr i t. i ng i mmr'r-1 i it t. r l y.
Your immrdiatn at.t.pnl. iron to this matter will he greatly
appreciated.
S i rlc;err 1 y
Stanley J�.
&
a)Fynr:; . ,zwer�

t :npy t i) : Mr. I nr111 Hall
Mr.
klayrw
Wr i alit
P1" .
I ai ira
Kinue l p-
Mr�;.
I ttcy
HaTim-in
Mr .
R i I. 1
YntinU
Mr .
f rcd
MaTip, f ielci

flt.. "',I, Rox `)96
Hertford, N. C. 27944
re.hruary 21, 1991
N. t,. Division of (:oastal Manartement
Rox 20;�
Elizabeth City, N. C. 27909
ottention: Mr. -1ndd Ball
Dear Mr . Ra l l
it, has cnme t n my attention that Rohert I . Casper plans
t.n r.nnf;trur.t a new pier to a length of 200' with an
extended deck of ?0' x 2n' at Long Reach Urive, Lot. #22,
I.onq B#-�arh Fst;ates.
I oh.iect: in t.hig nir,r hecausn it. would extend directly in
front of my property at 596 L.onq Reach Drive, Lots 024 R
#?`i. Rlnck F. Hertford, N. (:. 27944. It. would also fall
in the path of any pier I may want to construct: in the
future.
inir waterfront is a crescent and we must consider the
others right to water access.
Blease advise what is necessary to file a formal complaint.
(hank YOU fnr your prompt attention.
Sincerely,
T
Lucy R Hanson

Rt. 03, Box 588
Hertford, N. C. 27944
Phone 26.4--`2018
February 21, 1 1)91
N. C. Division of Coastal Mana(lement
Rt . b, Box 203
bAizabet,h City, N. C. 2/909
At. t:ention: Mr. Todd Ball
Dear Mr. Ball:
We are in receipt of an undated letter from Robert I. Casper
notifying us as an adjacent riparian landowner that he plans
to construct a new Fier of '200' with a 20' x 20' deck at its
far end attached to lot #22 on Long Beach Drive in Long
Beach Estates. The construction drawing indicates that it
is not to scale.
We object to this pier and deck for the following reasons:
1. If this pier!and deck were allowed to be built to the
proposed deminisions and the owners of lot #1% were: allowed
a similar privilege and choose to build on our common lot
line as the Caspers have, their piers would intersect in
front of our property and in spite of having a 130'of bulk -
headed waterfront property, our only access to the water
would be under one of their piers.
2. A pier extending out 200' plus attached deck dues nut
conform to other piers and decks in Long Beach and detracts
from the natural beauty of the area. (here is no advantage
to be gained because the water is equally shallow and the
grass is also present at either point.
3. Property owners, includinq ourselves, would be cut off
from the park and boatramp. They would either have to go
out around the pier or under it. 1 am sure that if they
had been notified, t he:r e woo 1 d be ob juct i oris from I. I ium .
;FEB 2 `x "A

4. 1'he Caspers already have 5 piers, structures, etc:. on
the three lots as follows:
1. 106' pier on lot #21
2. Deck low to the water located between the pier and
the high deck on lot #21
3. 18" x 18' deck 6' above the water on lot #21
4. Structure to hold boats up out of the water on
lot 021 or 022
5. Deck of unknown proportions on lot #23
There is also a shower/outhuusu structrtrtj un the hril khead.
5. The building of all the above structures has caused a
change in the ecological balance. As a result of driving so
many pilings in the area, the sand has built up in such a
way that it causes garbage and debree to collect in front of
properties in the area. The stench is sometimes unbearable.
Our original objection to a longer pier and deck in 1982 for
reasons of impaired water access resulted in a public interest
review by the Corp of Engineers. They determined that a pier of
106'(however illegally constructed) and deck adjoining the bulk-
head as now exists was a fair compromise to all parties con-
cerned. We accepted that; compromise and, therefore, object to
any proposal for additional piers and decks.
The proposal for lengthening the existing 106' pier I:o 250'
with deck in the summer of 1990 was also denied because of
the effect on surrounding property owners.
I have spoken to Lucy Hanson and Bill Young who also would
be adversely affected and they will contact you with their
objections also.
We would like to arrange a mc:uting with you to discuss this
matter and try to resolve i I; .
sincerely,
Stanley 1). Szwed
•Jean C. Szwed
Copies to: Lucy R. Hanson
Bill Young

Jlll 5 '90
UCIA
.0 Syn
925 Maryland Avenue
Virginia Beach, Virginia 23451
July 3, 1990
Mr. Richard Watts
Coastal Management
Route 6, Box 203
Elizabeth City, North Carolina 27909
Re: 591 Long Beach Drive
Hertford, North Carolina
Dear Mr. Watts:
We, Robert L. and Mary M. Casper, Jr. have no objections to Robert L. and Isma
Irene Casper extending their pier at the above referenced address.
We are the owners of 594 Long Beach Drive, Hertford, North Carolina.
I'll If you need any additional information, please contact us.
Very truly yours,
'� Z cOL�X ,
Robert L. Casper, Jr.
Mary M. Casper

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT. CORPS OF FNGINEERS
P. O. Box 1890
WILMINGTON. NORTH CAROLINA 2nAO2
IN REPLY REFER TO
SAWC082-N-077-0091 6 May 1982
Mr. & Mrs. Stanley Szwed
Route R, Box 564
Flemington, NJ 08822
Dear Mr. & Mrs. Szwed:
Reference your letters of 28 February 1982 and 20 April 1982 regarding the
application of. Mr. Robert L. Cnsper for n Department of the Army permit to
construct n bulkhead with backfill and complete a partially constructed
pier on the Perquimnns River at Long Beach Estates, Perquimans County,
North Carolina.
We have completed our public interest review of the proposal and do not
anticipate the completion of the pier, as now permitted (with the deck to
he removed and relocated adjoining the bulkhead) will impair your riparian
access. We can appreciate your concerns over future pier construction by
your adjoining property owner to the west, and access problems which could
he created. llowever, as no structure or definite plans for construction of
such exist to our knowledge, we would not begin to speculate on possible
future situationq. We assure you that you will have a chance to comment
on nny future proposed pier construction adjoining your property, and that
we would not authorize a structure which, alone or in combination with
another structure, would impair your right to riparian access.
Should you have quegtions, please contact Mr. Ken .lolly, Regulatory
Functions Branch, telephone [phone].
Copy Furnished:
^° Mr. Robert L. Casper
1338 Porter Street
Chesapeake, VA 23324
Mr. Keith llaskett
CAMA Officer.
PO Box 2
Hertford, NC 27944
Sincerely,
eJ
CHARLES W. 11OLLIS
Chief, Regulatory Functions Branch
Mr. David Gossett
Office of Coastal Management
N.C. Department of Natural Resources
and Community Development
1502 North Mnrket Street
Washington, NC 27889

� 1111 12 '90
I fth+bMh oily
925 Maryland Avenue
Virginia Beach, VA 23451
July 11, 1990
Mr. Richard Watts
Coastal Management
Route 6, Box 203
Elizabeth City, NC
27909
Re: 591 Long Beach Drive
Hertford, NC:
Dear Mr. Watts:
Enclosed please find a copy of the signed return receipt for the
certified letter we sent to Mr. and Mrs. Stanley Szwed, who are
the other adjacent: property owners to the right of Mr. and Mrs.
Robert Casper.
Additionally, we have received approval from the Corps of
Engineers for the pier extension which you received a copy.
If you need any additional information, please let me know. My
work telephone number is 804-427-4211 and my home telephone
number is 804-422-2599.
Sincerely,
ka4-0-"�
M. Casper

o-.-!&'., S �+',< F "qn.' - y •"r U f� '�= i'1 - e7$.:IT I
ii�%c�'ty -:.:«..�:i�7•+'�� z` r'i .
__ tian+u•^�eaum _L_ c i...�. 'i`9'k"Y '7f£ i "' �•:_�WcTs�i.9R'' R%"
UNITED STATES POSTALVIC�z t'i ;�
OFFICIAL° BUSINE
.SENDER
�'II!`. "n� t � • 3' � err- ,
iSENDER INSTRUCTIO
Print yourrnad sa and
In. the ipeoi btMoweaPcai� t -w-
1: 2; 3 and 4 on tM r > ' �' r. .x• ti1„�a t�,f,yr• :;L; �� •+
lLS.1OWL
r •`Atti yt,0CerticN H apeee
p�flnlb;•Ottl�fwlN"affl7t t0 DKI[ O.6
PENALTY FOR PRIVATE
•� Endo'sa artN RetumRecalPt " v t. ;' ` <,} x USE 1300
�. ;t "�*�a.ivaS:Lc* �Fili�4.`=- e• --...G:riie � ar 1 � I:.,f.�1-� 2
RETURN2 4r t,w Pririt Sender e eddressiend ZIP Code in the space below.
t-4 s nam�4r �c �a a as g S +•Qr c
io
.•,�'•,j ., i• l l t/�J`•CJ UA �Q .iii �\ �W
.a

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. and Mrs. Stanley,Szwed
RFD 3, Long Beach Drive
Hertford, NC
Dear Mr. and Mrs. Szwed
This letter is
to notify you
as an adjacent
riparian
landowner of Mr./Mrs.
Robert L. Casper•
plans to
construct
an extension of their pier
on their
property, 591 Long
Beach Drive
in Long Beach Estates
The sketch on
the reverse side
accurately
depicts the proposed construction.
Should you have no objections to this proposal, please check
the statement below, sign and date the blanks below the statement
and return this letter to! Richard Watts at the below address
as soon as possible.
Should you have objections to this proposal, please send
your written comments to NC Division of Coastal Management, Rt. 6
Box 203, Elizabeth City, NC 27909. Written comments must be
received within 10 days of receipt of this notice.
Failure to respond in either method within 10 days will be
interpreted as no objection.
Sincerely,
Robert L. Casper
I have no objection to the project as presently
proposed and hereby waive that right of objection as
provided in General Statute 113-229.
I have objections to the project as presently proposed
and have enclosed comments.
Signature
Date

Scaled Construction Drawing
�au�E
xx��rr-
2 SPI �R
Z
►O6'
k �O�
i
(SCALE: W;J)F__. )

t
JUL 2 4 '90
L'(AI
DEPARTMENT OF THE ARMY FYanbsIh01V
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
General Permit No. SAWC078-N-000-0056
Name of Permittee: General Public
Effective Date: April 1, 1988
Expiration Date: December 31, 1993
DEPARTMENT OF THE ARMY
GENERAL PERMIT
A general permit to perform work in or affecting navigable waters of the
United States, upon the recommendation of the Chief of Engineers, pursuant to
Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), is
hereby modified and renewed by authority of the Secretary of the Army by the
District Engineer
U.S. Army Engineer District, Wilmington.
Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
TO MAINTAIN, REPAIR, CONSTRUCT AND INSTALL PIERS, DOCKS, OPEN -SIDED BOATHOUSES
AND BOATSHELTERS, MOORING PILINGS, DOLPHINS, JETTIES AND BREAKWATER STRUCTURES
IN NAVIGABLE WATERS OF THE UNITED STATES IN THE STATE OF NORTH CAROLINA.
1. Special Conditions.
a. Structures authorized by this general permit are piers, docks,
boathouses and boatshelters with open sides, mooring pilings, dolphins,
jetties and breakwater structures conforming to the standards contained
herein. The piers, docks, boathouses and boatshelters will be pile -supported
or floating structures. Mooring pilings, dolphins, jetties and breakwater
structures may be wood, metal or precast concrete. Breakwater structures will
be designed to provide for adequate water circulation landward of the
structures. Other construction activities, including excavation or the
placement of excavated or fill material, are not authorized by this general
permit.
b. This general permit does not authorize any structure closer than 85
feet to the near bottom edge of a Federally -maintained navigation channel.
C. This general. permit does not authorize construction across or into any
natural or manmade channel or waterbody so as to adversely affect navigation

-5-
(3) Sites included in or determined eligible for listing in the
National Registry of Natural Landmarks.
(4) Endangered of threatened species or habitat of such species as
determined by the Secretaries of Interior or Commerce and conserved in
accordance with the Endangered Species Act (16 U.S.C. 1531).
k. At his discretion, at any time (luring the processing cycle, the
Wilmington District Engineer may determine that this general permit will not
be applicable to a specific construction proposal. In such case, the
procedure for processing an individual permit in accordance with 33 CFR 325
will be available.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
PAUL W. WOODBURY
Colonel, Corps of Engineers
District Engineer

DEPARTMENT OF THE ARMY
I /i'• . \ WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O, 80X 1890
{ y�� WILMINGTON, NORTH CAROLINA 28402-1890
July 9, 1990
IN REPLY REFER TO
Regulatory Branch
SUBJECT: General Permit No. CESAW-C078-N-000-0056
Ms. Mary Casper
591 Long Beach Drive
Hertford, North Carolina 27944
Dear Ms. Casper:
RECEIVE1)
IL 2 4-'90
Reference your inquiry of July 2, 1990, regarding your plans to extend a
pier on the Perquimans River, Perquimans County, North Carolina.
On April 1, 1988, we renewed general permit No. CESAW-C078-N-000-0056
(copy enclosed) that authorizes the maintenance, repair, construction, and
installation of piers, docks, boathouses, boatshelters, mooring pilings,
dolphins and jetties in navigable waters of the United States in the State of
North Carolina.
Your proposed work is authorized if you can comply with all permit
conditions. Please read the enclosed permit to prevent an unintentional
violation of Federal law.
If you have questions, contact Mr. Ernest Jahnke, Regulatory Branch,
telephone [phone].
Enclosure
Copies Furnished (without enclosure):
Mf. John Parker
Division of Coastal. Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Sincerely,
G. yne Wr t
Chief, Regulatory Branch
Mr. David Griffin
District Manager
North Carolina Division of
Coastal Management
108 South Water Street
Elizabeth City, North Carolina 27909

PFCEIl�U 1
1
J.JUL2 Q 'gp
925 Maryland Avenue
Virginia Beach, Virginia 23451
July 19, 1990
Todd Ball
Coastal Management
Route 6 Box 203
Elizabeth City, NC 27909
Re: 591 Long Beach Drive
Hertford, North Carolina 27944
Dear Mr. Ball:
As per our conversation on Wednesday, July 18, 1990, enclosed please find a copy
of the approval from the Corps of Engineers.
In addition, we would like to make the following comments on what the objections
were .from the Szweds.
Back in 1982, we originally had our deck located at the end of our existing 104'
pier. Because of objections again from the Szweds, we relocated the deck to our
bulkhead because their objections were that it "blocked their view."
During the last eight (8) years, the grass in the water has increased. We own
boats and jet skis and walking through snake and crab infested water less than 18
inches deep makes it a hazard for us as well as small children.
The purpose of the design of the pier angled was to keep it "out of the line of
sight" of the Szweds and within our property line.
As I also explained to you, it would have made no difference at all if we had
proposed a pier straight out, curved, U-shaped, pie shape, etc.; the Szweds would
still have objected.
If we lived two or three lots away, not adjacent to the Szweds, we would have no
problems. However, since we are adjacent neighbors to them, we are not being
treated as any other residents who live in the Long Beach Estates Subdivision.
I would appreciate your sending us a copy of the comments made by the Szweds and
as I stated on the telephone, we would like to pursue all avenues that are
available in order to resolve this matter.
Thank you for your assistance and if you need any additional information, please
contact me at [phone].
Sincerely,
Mary M. )asper

'
JIM 10,199O
R[. P3, Box s96
|UH|}(Mal
,
I 1 |!(C||AHD HA[|!�;
t| / . |)///. U\ (,111T�J01 MhNAGFMFNl
}'| x. |V)X ?03
| | | /A|V | | | (i | l Y . N, (� . ?7�O9
\.V -'m HP. Uo||!�;,:
)| ||AS (%)M| |U MY Nl\ Nl l/)N l||N RO|U:|O | - CASPFK P|ANS lO
CONS UR|C| AN KX[FNSFON TO |\{S PTH? INC|`A3[NG T[S ||�N("[U FR(]M
106 | [FA l O ?!`0 | L] l Al SYl \ ONG |]FA(J \ D11%, 101 21, B| ()CK
|�� , {UY[FmH) ' N . C . 2/944 .
I U|lJ| Cl lO l||)S [X\| NSI ON l() [|w [X7Sl)Nu P]| |? W)l||
A\]U[ [TON/d. U[WK FOR UU.: R[Y)S<)N I 11[ I[ W()i)L]l EXrEN|) U[R[]O[|.Y
)N |P[UVl N MY |VzNq'|UY ol 594 |UNG 1:3FO[1| NW7V[, iOl�; &
?5, KNC. �/�44' I[ W8]ALSO FALL INCR
l|U PA||| O| ANY Pl|P l||Al l MAY WON] lO UU|| |] lN 'I 111 FU|UR|:.
DUR C00113(141410 WAFFYIVONr IS ON A CRMIVFN[ MN|) W[ EA(]| M\]S[
[UNS:|)| l? l\U ()l\U \?Q; U]G|U in WAl[N ACUSS.
W||A[ IS NW[SSARY [(] FILE A FORMAL COM|nA(N[ .
l!|ANK YU\} | OU YUiU� |`H)MPl Al }|N)I()N.
SlNC|]Ul'Y,
'J^AL*1�
`'