36909D - Taber

0 CAMA / DREDGE & FILL 36909—t
GENERAL PERMIT Previous permit#
)% Ntw ❑Modification Complete Reissue ❑Partial Reissue Date previous permit issued
As authorized by the State of North Carolina, Department of Environment and Natural Resources I i zC ..)
and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC
`� C�1 - ❑ es attached.
Applicant Name 12- , ¶IF'<r -" Project Location: County NJAAA 'r� '
Address `-'I U6( F d A4, . Street Address/State Road/Lot#(s)
City F'16 1i Stately C. ZIP ZY KO Li 01 `-C-it 105.:- —
Phone # ( )%SIpf 366 Lieu#( ) Subdivision .. --""—•
Authorized Agent � City Ar `-cf 1 (tt i +-G ZIP 7r Kr0
Affected Cw 7Ew ' SPTA ❑ES E PTS Phone # ( ) ' River Basin, ff C.T )r�-"
AEC(s): DOEA HHF IH ❑USA C N/A Adj. Wtr. Body - !/�N f'ttEf1"1�IV (oat nkn)
❑PWS: CFC: ,, �( `,^
,ORW: yes PNA yes / no i Crit. Hab. yes / no Closest Maj.Wtr. Body 6 �' `�I Li �V�
Type of Project/Activity V(..`t -%- Llt— ►'W .iD r 1 C- IL 10 1
i �I � /
: .
! 1 (Scale: )
Pier(dock)length (0 Is
Platform(s) �'i X `� i i i\I 45 c' ?� • 1
Finger pier(s) Kr�t II3G �++
Groin length l
number - \}'7'1-- I./,
Bulkhead/Riprap length • e
avg distance offshore • ,m
max distance offshore _
Basin,channel i\\ -, _.
cubic yards
Boat ramp ` MG/ F�k I I N4
2 �lI
Boathous tlik I3'X I`r , ", ( 't r
______ i
Beach Bulldozing
Other41 O V �,
(oXZ5 ' 1 �f
5i/
Shoreline Length l
SAV: not sure yes n L)$ -� -�t1I l'(-!V
�7•17T Ii4;; rvi-i(ice•
Sandbags: not sure yes no p
Moratorium: n/a yes 1
Photos: yes no'.t q
Waiver Attached: yes no/ -- f(SC'h))oss
A building permit may be required by: 1 v-LvJ (1Q1t1iOV ei Co • . _ See note on back regarding River Basin rules.
Notes/Special Conditions Lt(A-STY OCT 1 elk �61 4.1 1 Clfr 0/ 7 p_ , (Z0b jjq c w-eI/ 0.-:
1 S4 I V1 1 pi(14 lticod -tine_ or / R' J.'' ,,,, (-off ichr S-e c..
L ,A.) A&x,er-- L _ ,
Ii Printed Name It Officer's Signature
1 Z.." 2- (5 3 - Z - C)IF.
Signature ase rea pliance statement on back of permit** Issuing D e Expiration Date
l00 2q_5-64trk - a —l Z0Z-i415
.....Aoolication Feels) Chart(iEE, Local Kanninglurisdiction Rover File Name

•
•
Statement of Compliance and Consistency
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 or criminal or civil action; and may cause the permit to become
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 I)prior to undertaking any activities authorized by this permit,the applicant will
confer with appropriate local authorities to confirm that this project is consistent with the local land use plan and all local
ordinances, and 2) a written statement or certified mail return receipt has been obtained from the adjacent riparian
landowner(s).
The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available
information and belief,certify that this project is consistent with the North Carolina Coastal Management Program.
River Basin Rules Applicable To Your Project:
Tar-Pamlico River Basin Buffer Rules Other:
Neuse River Basin Buffer Rules
If indicated on front of permit,your project is subject to the Environmental Management Commission's Buffer Rules for the
River Basin checked above due to its location within that River Basin. These buffer rules are enforced by the NC Division of
Water Quality. Contact the Division of Water Quality at the Washington Regional Office(252-946-6481)or the Wilmington
Regional Office(910-395-3900)for more information on how to comply with thesebuffer rules.
Division of Coastal Management Offices
Central Office Elizabeth City District Washington District
Mailing Address: 1367 U.S. 17 South 943 Washington Square Mall
1638 Mail Service Center Elizabeth City, NC 27909 Washington, NC 27889
Raleigh, NC 27699-1638 252-264-3901 252-946-648 I
Location: Fax: [phone] Fax: [phone]
(Serves:Camden,Chowan,Currituck, (Serves: Beaufort, Bertie, Hertford, Hyde,
Parker Lincoln Building
2728 Capital Blvd. Dare,Gates, Pasquotank and Perquimans Tyrrell and Washington Counties)
Counties)
Raleigh, NC 27604
733 2293 / 1 888 4RCOAST Morehead City District Wilmington District
Fax: [phone] 15 I-B Hwy. 24 127 Cardinal Drive Ext.
Hestron Plaza II Wilmington, NC 28405-3845
Morehead City, NC 28557 910-395-3900
202-808-2808 Fax: [phone]
Fax: [phone] (Serves: Brunswick, New Hanover,
(Serves:Carteret, Craven, Onslow-above Onslow-below New River Inlet-and
New River Inlet-and Pamlico Counties) Pender Counties)
www.nccoastalmanagement.net Revised 10/05/0I

GENERAL PERMIT COMPUTER FORM
4.
APPLICANT NAME: * T1 TA V' -_
ADDITIONAL NAMES: --f-
AEC DESIG: W VT- DEVELOP AREA: 0 0 .D 3 PROJ DESC: P - 1Z
(Will only take 6) (Will only take 1)
WORK: P iZ--Jo 147 — 13
(Will only take 4) I`t 144" -F5 — IZ S
MAINT: •
(Will only take 4) •
IMP: - 163 O
(will only take 6)
ACTION EXPIRATION
DREDGE&FILL REQUIRED: I Z- 3-2 -0 4
CAMA MAJOR DEVEL REQUIRED: I Z Z"O3

' GENERAL PERMIT COMPUTER FORM
APPLICANT NAME: C ROCKERS L1rV D(/IL
ADDITIONAL NAMES: Ed 1-r---
AEC DESIG: e W 4 n f DEVELOP AREA: CO.O ( PROJ DESC: P - 1z :
(Will only take 6) (Will only take 1)
WORK: 53. L ( i 5-
(Will only take 4)
M.AINT: •
•
(Will only take 4)
IMP: O W — -11
(will only take 6)
ACTION EXPIRATION
DREDGE&FILL REQUIRED: /2 - Z -C3 3 -2-D`f
CAMA MAJOR DEVEL REQUIRED: 2-0-3

7' SENDER:
v •Complete items 1 and/or 2 for additional services. I also wish to receive the
w aComplete items 3,4a,and 4b. following services(for an
G •Print your name and address on the reverse of this form so that we can return this extra fee):
card to you.
d ■Att c1 this Form to the front of the mailpiece,or on the back if space does not 1. El Addressee's Address 41
perm
`y ■Wn'te'Return Receipt Requested'on the mailpiece below the article number. 2. 0 Restncted Delivery
6 el-he Return Receipt will show to whom the article was delivered and the date
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PS Form 811,gecemberT 94 1025%-9;8-0171 Domestic Return Receipt

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UNITED STATES POSTAL SERVICE iOACIS G' Postage&Fees Paid
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- Permit No. G-10
• Print your nave address, and ZIP Code in this box •
8 CohtractorsiP,O.lac INS
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��256-30152

(‘' SENDER:
C •Complete items 1 and/or 2 for additional services. I also wish to receive the
(Ti ■Complete items 3,4a,and 4b. following services(for an
% ■Pr d t our yonameame and address on the reverse of this form so that we can return this extra fee):
■Attach this form to the front of the mailpiece,or on the back if space does not 1. El Addressee's Address f
v permit.
w •Write'Retum Receipt Requested'on the mailpiece below the article number. 2. ❑ Restricted Delivery U
•The Return Receipt will show to whom the article was delivered and the date
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PS Form 3/811, December 199 102595-97-B-0179 . Domestic Return Receipt

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UNITED STATES POSTAL SERVICE S0 Postage&Fees Paid
'M n USPS
- cL: Permit No.G-10
• Print your nam adOress, and ZIP Code in this box • ..
&S Marine Contractors, Inc
P.O.Box 868
Wrightsville Beach,NC 284O
[phone]
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DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION &WAIVER FORM
for permit /11Aa'_
of individual applyingC�l p I
Address of property l 0 `7 J 1�� J#J �'Jn"d trv` , N C-
I hereby certify that I own property adjacent to the above referenced property. The
individual applying for this permit has described to me as shown on the attached
drawing the development they are proposing. A description or drawing, with
dimensions should be provided with this letter of notification.
Please initial below if you have no objections i -J1 /inw4Z
V I have no objections to this proposal.
If you have objections to what is being proposed, please write the Division of Coastal
Management, 127 Cardinal Drive Extension, Wilmington, N. C. 28405 or call 910-
395 3900 within 10 days of receipt of this notice. No response is considered the
same as no objection if you have been notified by Certified Mail.
WAIVER SECTION
I understand that a pier, dock, mooring pilings, breakwater,boat house,lift or
sandbags must be set back a minimum of 15' from my area of riparian access
unless waived by me.(If you wish to waive the setback, you must initial the
appropriate blank below.)
I DO wish to waive the 15' setback requirement.
I DO NOT wish to waive the 15' setback requirement.
- Signature & Date
IC Print Name
ErcZ — 7��� /2 3 7 Telephone Number w/Area Code
PLEASE SIGN AND RETURN TO; F&S Marine Contractors,Inc.
P.O. Box 868
Wrightsville Beach, MC. 28480
Phone/Fax [phone]

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▪Dec 02 03 11 : 02a MLCA LEGAL
757 tiCi7 c i r
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•
U.S. Coast Guard
Maintenance and Logistics Command Atlantic
Military Justice Branch
•
,w i .0k\gin, Commander (1j)
G Maintenance & Logistics
1,
4 ..� - y,� �� : t' Command Atlantic
' _� � '� 300 E. Main St, Suite 400 /41111111IN
Ind i
. ':, ��l $ Norfolk, VA 23510-9100
• h, -L�,,¢f,� 4.' [phone] /4198
+}'`', Fax: [phone]
cfp„
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From: 1-_( 5 :)c.i, , Lam:0 z r ..K
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Fax: C1 1 U - `-;C, _a-C%t_�`i Pages: 1-•- �
�s Date: .i. �,
Phone: �•'j I U • ���iS - ic)C.'�-� .1. f�_��__ �� ,� J--t;(__ (.Y.-))
Re: CC:
• Comments: I r5
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‘)0:)....
NOTE: This facsimile is intended only for the use of the individual or entity to which addressed. It may contain
information that is privileged, confidential, or otherwise protected from disclosure by law. Any further use,
dissemination, or transmission of this information is prohibited without the consent of the sender, If you have
received this transmission in error, please notify the sender at the telephone number above.

Dec 0203. 11 : 03a
U.S.Department of Commandor 300 E.Main St.Suite 400
Homeland SecurityjfON Maintenance&Logistics Command Norfolk,VA.23510
Atlantic Staff Symbol:(Ig).
f' Phono:[phone]
United States Fax:[phone]
Coast Guard Email;
11000
I December 2003
VIA FACSIMILE
Attn: Linda Painter
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington,NC 28405
RE: Proposed pier project of Mr. Rhett Taber, 904 Schloss Street, Wrightsville Beach, NC
Dear Ms. Painter:
Befbre I respond to Mr. Taper's application, I would like to clarify the fact that I am the proper
recipient for all correspondence regarding the above-referenced matter. Despite the fact that Mr.
"Faber's attorney, Mr. Kurt Olson, was informed of this on October 23, 2003, Mr. Taber had the
required notification sent to another address within the United States Coast Guard. I had
provided my contact information in order to assure Mr. Tabcr that any questions he had or
correspondence he sent would be addressed in a timely manner. Mr. Olson's obvious failure to
communicate this information to his client has caused undue delay in our ability to produce a
timely response to your request for comment. The Coast Guard, as an adjacent riparian owner,
should not he penalized for the delay. Although I am certain the delay was not a deliberate
attempt to circumvent the input of the Coast Guard, it was easily avoidable had Mr. Olson
followed the instructions I sent to him.
Mr. Olson's letter of November 24, 2003, purports that the Coast Guard had a copy of the
proposed plans as early as August 19, 2003. I can confirm he sent a draft of'some plans during
that time period, and that the Coast Guard deferred comments regarding such plans until a formal
application was made. However, the plans received in November were not the same as those the
Coast Guard was asked to review in August. Our engineers compared the two drawings and
noticed that, as anticipated, changes had been made. It was for that very reason that the Coast
Guard deferred comment until a formal application had been made.
Our engineers have reviewed the new plans and I hereby inform you that the Coast Guard has no
fbnnai objections to the Project. However, the Project will make maneuvering to our existing
pier more difficult for the coxswains. It will require a lot more finesse when mooring/unmooring
the boats in order to avoid Mr. Taber's new pier. We do anticipate that the completion of our
new pier will alleviate most of that problem. Please be advised the Coast Guard will not waive
setback requirements or any other riparian ownership interests. I would appreciate being notified
of the final decision of your agency, as well as the anticipated project start and completion dates.
Thank you again for your assistance in this matter. If you have any questions, please contact me
at 757-628-4210 or e-mail me at swoodard(u),mlca.useg.mil.

757 set' 'el. ( r• --
Dec 02 03 11 : 03a MLCA LEGAL
11000
Sincerely,
J,. . &)irc(-Qll.'
S. D. WOODARD
Attorney Advisor
Lieutenant, U.S. Coast Guard
cc: LCdr Dave Semnoski
Miguel Padilla
Kurt J. Olson, Esq.
•
•

Nov 20 03 05: 38p MLCR LEGRL 757 628 4217 p. 2
U.S. Oepartmept of Commander 300 E.Main St.Suito 400 •
Homeland Security Maintenance&Logistics Command Norfolk,VA,23510
%yeAtlantic Staff Symbol:(1q)
• Phone:[phone]
United States Fax:[phone]
Coast Guard . Email:
•
11000 . .
20 November 2003
Attn: Linda Painter
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Proposed pier project of Mr. RhettTaber, 904 Schloss Street,Wrightsville Beach, NC
Dear Ms Painter: •
This letter is to acknowledge receipt of a Division of Coastal Management Adjacent Riparian
Property Owner Notification & Waiver Form and proposed plans in connection with the above
referenced proposed pier project("the Project"). Although the form was sent to the Coast Guard
via certified'mail on 7 November 2003, it was not received by the proper,authority until today.
The letter accompanying the form stated it was an application. It:is my understanding from our
conversation that there is no•lbrmal application process for a project of this size.
I will have our engineers review the'plans and then notify you whether or not we have any
. objections to the Project. I understand a meeting is scheduled lbr 2 December 2003 between
your field representative and Mr. Taber's agent. It is our intention to have a response to you by
that date. However, please consider this letter as an objection to the Project until further notice.
Additionally, the Coast Guard will not be waiving setback requirements or any other riparian
.ownership interests. I would appreciate being notified of any other.objections, as well as the
• final decision of your agency.
Thank you for your assistance in this matter. If you have any questions I may he reached at •
[phone] or via e-mail at [e-mail].
Sincerely,
. f9 . (t.Vl,- aA
S. D. WOODARD r'
Attorney.Advisor
Lieutenant, U.S. Coast Guard •
•
•
.
IL
L 1. 2003. ,
nivistoN
f ' T;TAL MAN

ATTORNEYS AT LAW RIP OFFICE
480 BETA BUILDING
RALEIGH OFFICE HEADQUARTERS PARK
2222 CHAPEL
3200 BEEHLEAF COURT l\/IaupinTa7lort�:,. DURHAM NCH27713ELSON HWY.
'SUITE 500
RALEIGH,NC 27604-1064 TELEPHONE [phone]
TELEPHONE [phone] TELEFAX 919.361.2262
TELEFAX 919.981.4300
MAILING ADDRESS
MAILING ADDRESS - POST OFFICE BOX 13646
POST OFFICE BOX 19764 •)\ \\ RESEARCH TRIANGLE PARK,NC
RALEIGH.NC 27619-9764 1� 27709-3646
Ii I
WWW.MAUPINTAYLOR.COM WILMINGTON OFFICE
6 LUU �.f LANDFALL PARK NORTH
1985 EASTWOOD ROAD
�' i SUITE200
• i ,L Idry�-I� WILMINGTON,NC 28403
KURT J.OLSON { R j TECEPHOIVt PIU".256.5135
J
[e-mail]
November 24,2003
VIA FACSIMILE
Linda Painter
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington,NC 28405
Re: Proposed Pier and Dock—Rhett Taber,Wrightsville Beach,NC
Dear Ms.Painter:
I have received a copy of the November 10,2003 letter sent to you on the above referenced matter by
Lt. S.D. Woodard,Attorney Advisor,United States Coast Guard. In her letter,Lt. Woodard states that the
USCG did not receive notice of the proposed project and the waiver form until November 20,2003. While
acknowledging that these materials were sent to the USCG by certified mail on November 7,2003,Lt.
Woodard claims that the materials were not received by "the proper authority"until November 20,2003. I
am writing now to clarify the circumstances surrounding this matter so there are no misunderstandings.
Mr.Taber has contemplated the proposed project since acquiring the property at 904 Schloss St.,
Wrightsville Beach,NC,in 1998. In the summer of this year,Mr.Taber contacted Cmdr.Kimos at the
USCG's Civil Engineering Unit in Cleveland to discuss his plans. Mr.Taber was aware of the USCG's plan to
modify its dock and boat basin and believed it was an appropriate time to discuss his plans with the USCG to
coordinate the respective activities. At that time,Mr.Taber provide a copy of a plan for his proposed dock and
pier to Cmdr. Kimos and asked for his informal view of whether the proposed structure might create a problem
with regard to the USCG's plan and future use of its dock and basin as modified. Apparently Cmdr. Kimos
forwarded the plan to persons at Station Wrightsville Beach and from there it was sent to the USCG's
Maintenance&Logistics Command group("MLC")in Norfolk,Virginia. I also sent a letter to Lt. Woodard
RALEIGH\397684_1

•
11
Linda Painter
November 24,2003 .3
Page 2 r
on August 19,2003 with the plan and requested that the USCG inform me if they saw any problem with it.
Although I did not know it at the time,apparently Lt.Woodard was on leave or a temporary duty assignment
away from MLC.
Having not heard a response from the USCG,on August 27,2003 I sent another letter to Cmdr.Kimos
with the plan,asking that he review it and provide us with any comments or concerns the USCG might have
regarding the proposed project. Again,neither Mr. Taber nor I received a response to the plan from the USCG.
However,Lt Cmdr. Shinowski,Cmdr.Kimos' deputy,informed Mr.Taber that the matter had been referred to
"Legal"and was being handled by Miguel Padilla at MLC. Thereafter,I contacted Mr. Padilla by phone to
discuss this matter. Mr.Padilla stated that the USCG did not want to comment informally on the plan and
would refrain from commenting until Mr.Taber filed a formal request to proceed with the appropriate state
and federal authorities. According to Mr.Padilla,the plan the USCG received informally could change when
filed formally and the USCG did not want to take a position until the so-called"final"plan was submitted. I
explained to Mr. Padilla that we submitted the plan informally so that any formal filing would incorporate any
comments or suggestions by the USCG. Mr.Padilla indicated,however,that the USCG would still prefer to
address this matter through a formal process and suggested that Mr.Taber file a formal request. I then asked
Mr.Padilla who at the USCG should receive notice once Mr.Taber submitted a formal filing. My notes
indicate that Mr.Padilla requested that copies of the filing be sent to him.
On or around November 7,2003,Ed Flynn,Mr.Taber's contractor,notified the Division of Coastal
Management of Mr.Taber's intention to construct a pier and dock. Mr.Flynn provided the DCM a copy of the
plan for the proposed project. The plan was virtually same as the design that had been forwarded on prior
occasions to the USCG. As required by applicable rules,Mr. Flynn provided notice of the proposed project by
certified mail to Mr.Taber's riparian,neighbors including the USCG. Mr. Flynn used the address on record at
the Town of Wrightsville Beach to notify the USCG. That address was U.S.Coast Guard,Command Officer,
P.O.Box 4111,Chesapeake,VA 23327-4111. On November 10,2003,I faxed a letter and copy of the DCM's
Adjacent Riparian Property Owner Notification and Waiver and proposed dock plan to Miguel Padilla at MCL.
On November 20,2003,Lt. Woodard contacted me and informed me that she had just received the materials.
At that time, I explained to her that they had been sent to the USCG by Mr. Flynn and I had personally sent
copies to Mr. Padilla.
It is understandable that a two page form could get misplaced at an organization as large as the USCG
with as many duties and operations as it has. Lt.Woodard's statement that the notice had not been received by
"the proper authority"seems to imply,however,that notice was given improperly. That is clearly not the case.
RALEIGH\396994_I

•
• Linda Painter
November 24,2003
Page 3
The USCG has had ample notice of this project,and when the formal request was filed,notice was properly
sent to the appropriate people. Indeed,in this case Mr.Taber went beyond what was required under the
regulations by directly sending notice to Mr. Padilla,thereby assuring that perhaps the most proper authority,
or at least the person USCG considers proper,received the notice timely.
The regulations allow the reviewing adjacent property owner ten days to object to a proposed project.
A failure to respond within that ten day period is considered a waiver of the right to object. Although Lt.
Woodard states in her November 20,2003 letter that the USCG objects to the project until further notice,she
states no basis for the objection and obviously this baseless objection should be rejected. However,Lt.
Woodard has promised to provide whatever comments the USCG may have by December 2,2003,the date
when Mr. Flynn and persons at the DCM are scheduled to meet and discuss the project. Provided the USCG
meets this target,we are not opposed to this late filing. We request copies of the USCG's comments and ask
that you send those and any other comments you receive to me,if possible by facsimile,on or before
December 2,2003. My facsimile number is 919.981.4300. While we do not anticipate meaningful objections,
as the project conforms to all set-back and related requirements and otherwise is a routine project common
along the shore of Banks Channel,we request the opportunity to provide substantive response to any
comments that are filed.
Thank you for your attention to this matter. We look forward to working with you so that all interests
in this matter can be met satisfactorily.
Very truly yours,
Kurt J. Olson
Enclosures
cc: W. Rhett Taber
Lt. S. D.Woodward
Miguel Padilla,Esq.
RALEIGH1396994_I

�vvi
• 11/24/03 MON 14:53 FAX [phone] MAUPIN TAYLOR 3
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FAX NO.: 910-350-2004 TELEPHONE NO: Our File No. 16199.002
FROM: Kurt J. Olson
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DATE: November 24, 2003
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KURT.I.OL9ON
[e-mail]
November 24,2003
VIA FACSIMILE
Linda Painter
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington,NC 28405
Re: Proposed Pier and Dock—Rhett Taber,Wrightsville Beach,NC
Dear Ms.Painter:
I have received a copy of the November 10,2003 letter sent to you on the above referenced matter by
Lt. S.D.Woodard,Attorney Advisor,United States Coast Guard. In her letter,Lt.Woodard states that the
USCG did not receive notice of the proposed project and the waiver form until November 20,2003. While
acknowledging that these materials were sent to the USCG by
certified mail on November 7,2003,Lt.
Woodard claims that the materials were not received by "the proper authority"until November 20,2003. I
am writing now to clarify the circumstances surrounding this matter so there are no misunderstandings.
Mr.Taber has contemplated the proposed project since acquiring the property at 904 Schloss St.,
Wrightsville Beach,NC,in 1998. In the summer of this year,Mr.Taber contacted Cmdr.Kimos at the
USCG's Civil Engineering Unit in Cleveland to discuss his plans. Mr.Taber was aware of the USCG's plan to
modify its dock and boat basin and believed it was an appropriate time to discuss his plans with the USCG to
coordinate the respective activities. At that time,Mr.Taber provide a copy of a plan for his proposed dock and
pier to Cmdr.Kimos and asked for his informal view of whether the proposed structure might create a problem
with regard to the USCG's plan and future use of its dock and basin as modified. Apparently Cmdr.Kimos
forwarded the plan to persons at Station Wrightsville Beach and from there it was sent to the USCG's
Maintenance&Logistics Command group("MLC")in Norfolk,Virginia. I also sent a letter to Lt.Woodard
RALEIMA.397684_1

11/24/03 MON 14:54 FAX [phone] MAUPIN TAYLOR 3
_
Linda Painter
November 24,2003 •
Page 2
on August 19,2003 with the plan and requested that the USCG inform me if they saw any problem with it.
Although I did not know it at the time,apparently Lt.Woodard was on leave or a temporary duty assignment
away from MLC.
Having not heard a response from the USCG,on August 27,2003 I sent another letter to Cmdr.Kimos
with the plan,asking that he review it and provide us with any comments or concerns the USCG might have
regarding the proposed project. Again,neither Mr.Taber nor I received a response to the plan from the USCG.
However,Lt Cmdr. Shinowski,Cmdr.Kimos' deputy,informed Mr.Taber that the matter had been referred to
"Legal"and was being handled by Miguel Padilla at MLC- Thereafter,I contacted Mr.Padilla by phone to
discuss this matter. Mr.Padilla stated that the USCG did not want to comment informally on the plan and
would refrain from commenting until Mr.Taber filed a formal request to proceed with the appropriate state
and federal authorities. According to Mr.Padilla,the plan the USCG received informally could change when
filed formally and the USCG did not want to take a position until the so-called"final"plan was submitted. I
explained to Mr.Padilla that we submitted the plan informally so that any formal filing would incorporate any
comments or suggestions by the USCG. Mr.Padilla indicated,however,that the USCG would still prefer to
address this matter through a formal process and suggested that Mr.Taber file a formal request. I then asked
Mr.Padilla who at the USCG should receive notice once Mr.Taber submitted a formal filing. My notes
indicate that Mr.Padilla requested that copies of the filing be sent to him.
On or around November 7,2003,Ed Flynn,Mr.Taber's contractor,notified the Division of Coastal
Management of Mr.Taber's intention to construct a pier and dock. Mr.Flynn provided the DCM a copy of the
plan for the proposed project. The plan was virtually same as the design that had been forwarded on prior
occasions to the USCG. As required by applicable rules,Mr.Flynn provided notice of the proposed project by
certified mail to Mr.Taber's riparian,neighbors including the USCG. Mr.Flynn used the address on record at
the Town of Wrightsville Beach to notify the USCG. That address was U.S.Coast Guard,Command Officer,
P.O.Box 4111,Chesapeake,VA 23327-4111. On November 10,2003,I faxed a letter and copy of the DCM's
Adjacent Riparian Property Owner Notification and Waiver and proposed dock plan to Miguel Padilla at MCL.
On November 20,2003,Lt. Woodard contacted me and informed me that she had just received the materials.
At that time,I explained to her that they had been sent to the USCG by Mr.Flynn and I had personally sent
copies to Mr.Padilla.
It is understandable that a two page form could get misplaced at an organization as large as the USCG.
with as many duties and operations as it has. Lt.Woodard's statement that the notice had not been received by
"the proper authority"seems to imply,however,that notice was given improperly. That iS clearly not the case.
RALIacIN96994_I

11/24/03 MON 14:54 FAX [phone] MAUPIN TAYLOR 3 l£IJUU4
Linda Painter
November 24,2003
Page 3
The USCG has had ample notice of this project,and when the formal request was filed,notice was properly
sent to the appropriate people. Indeed,in this case Mr.Taber went beyond what was required under the
regulations by directly sending notice to Mr.Padilla,thereby assuring that perhaps the most proper authority,
or at least the person USCG considers proper,received the notice timely.
The regulations allow the reviewing adjacent property owner ten days to object to a proposed project.
A failure to respond within that ten day period is considered a waiver of the right to object. Although Lt.
Woodard states in her November 20,2003 letter that the USCG objects to the project until further notice,she
states no basis for the objection and obviously this baseless objection should be rejected. However,Lt.
Woodard has promised to provide whatever comments the USCG may have by December 2,2003,the date
when Mr.Flynn and persons at the DCM are scheduled to meet and discuss the project. Provided the USCG
meets this target,we are not opposed to this late filing. We request copies of the USCG's comments and ask
• that you send those and any other comments you receive to me,if possible by facsimile,on or before
December 2,2003. My facsimile number is 919.981.4300. While we do not anticipate meaningful objections,
as the project conforms to all set-back and related requirements and otherwise is a routine project common
along the shore of Banks Channel,we request the opportunity to provide substantive response to any
comments that are filed.
Thank you for your attention to this matter. We look forward to working with you so that all interests
in this matter can be met satisfactorily.
Very truly yours,
0.i
Kurt J. Olson
Enclosures
cc: W.Rhett Taber
Lt. S.D.Woodward
Miguel Padilla,Esq.
RALE,IGHU'9s996_1