152-96 Renewal H&R Towing Company

Permit Class
RENEWAL
Permit Number
152-96
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
Permit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to H & R Towing Company, P.O. Box 947, Wrightsville Beach, NC 28480
Authorizing development in Brunswick County at Cape Fear River, immed. S. of Memorial
Bridge , as requested in the permittee's application dated letter dated 5/16/00.
This permit, issued on �Z�o , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
1) This renewal must be attached to the original of Permit ##152-96, which was issued on 11/1/96, and
all documents must be readily available on site when Division personnel inspect the project for
compliance.
2) All conditions and stipulations of the active permit remain in force under this renewal.
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2002
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
Dontid D. Moffitt, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Permit Class:
RENEWAL
Permit Number
152-96
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
Permit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to H & R Towing Company, P.O. Box 947, Wrightsville Beach, NC 28480
Authorizing development in Brunswick County at Cape Fear River, immed. S. of Memorial
Bridge as requested in the permittee's application dated letter dated 5/16/00.
This permit, issued on S, 2c�0 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
1) This renewal must be attached to the original of Permit #152-96, which was issued on 11/1/96, and
all documents must be readily available on site when Division personnel inspect the project for
compliance.
2) All conditions and stipulations of the active permit remain in force under this renewal.
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as.the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2002
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
DonAd D. Moffitt, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Permit Class
RENEWAL
Permit Number
152-96
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
Vermit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to H & R Towing Company, P.O. Box 947, Wrightsville Beach, NC 28480
Authorizing development in
Brunswick
County at Cape Fear River, immed. S. of Memorial
as requested in the permittee's application datg letter dated 5/16/00.
This permit, issued on S, 2�0 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
1) This renewal must be attached to the original of Permit #152-96, which was issued on 11/1/96, and
all documents must be readily available on site when Division personnel inspect the project for
compliance.
2) All conditions and stipulations of the active permit remain in force under this renewal.
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2002
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
DonM D. Moffitt, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Permit Class
RENEWAL
Permit Number
152-96
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
Vermit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to H & R Towing Company, P.O. Box 947, Wrightsville Beach, NC 28480
Authorizing development in
Brunswick
County at Cape Fear River, immed. S. of Memorial
Bridge , as requested in the permittee's application dated letter dated 5/16/00.
This permit, issued on S, 2-0 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
1) This renewal must be attached to the original of Permit #152-96, which was issued on 11/l/96, and
all documents must be readily available on site when Division personnel inspect the project for
compliance.
2) All conditions and stipulations of the active permit remain in force under this renewal.
This permit action may be appealed by the perminde or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2002
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
DAD. Moffitt, Director
l/ Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

l i= WIGngUrtll LICIFUlinaTVLtIYK W1rtV
Department of Environment
Natural Resources
Wilmington Regional Office
Divi$ion of Coastal Management
James B. Hunt, Jr„ Governor
Bill Holman, Secretary
Donne Moffitt, Director
TO: Doug Huggett
Permits Section, DCM
FROM: B.F. Brooks
Field Representah C/M/ /
THROUGH: C. Robert Stroud,:
District Manager, Wilmington, DCM
DATE: July 24, 2000
SUBJECT: Request for renewal of State permit ii 152-96
H & R Towing/Alan Rusher
r�OGO r.a
NCDENR
Nc iTm GFOI-INA DEPARTMENT OF
ENVIRONMCNT ANo NATURAL RESOURCES
The applicant is requesting renewal of Iris above referenced permit. Z have no objection to the request,
and recommend the continuance of existing permit conditions. The request was submitted in May, within
our .normal 6 month allowance for accepting permit renewal, however, the field rep. (Russell) now
worldng this area only recently forwarded the file to me requesting me to process the renewal,
127 cardinal Drive Fxtension, Wilmington, N•C, 28405-3845 a Telephone [phone] a Fax [phone]
An Equal Opportunity Affirmative Action Employer

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CHARLIE HOLLIS
Regulatory Consultant
138 (5reen Forest Drive
Wilmington, NC 29409
Phone/FAX 9)0-392-6S33
May 16, 2000
Project: Request for Extension of Time
CAMA Permit No. 152-96; H & R Towing Company
Brunswick County, N.C.
Mis Janet Russell
N.C. Division of Coastal Management
127 Cardnal Drive Extension
Wilmington, NC 2S4b5-3845
Dear Ms. Russell:
Please extegd the time for completion of work under CAMA Permit 152.96 until December 31;
2000. Some work has started under this permit, but not yet emmpleted. My check in the amount of $50 is
enclosed. y
Please contact me if you need additional information.
me
i
1=lie H L's _
Encl; Check 9295E I�`� l:d 0 E!1V D
Cy: AlanRusher I� r O' a
ALL I� Y��.. : 7 20>24
DP1%ISIOtJ Or
COASTAL MAIVHG=IvIENT

JLr • , . CU U I - 1U1 I I 11-1V 111 W 11,
State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
James B. Hunt, Governor k
Bill Holman, Secretary
FAX COVER SHEET
Date: 00
To: 5 h
CO:
FAX #: I - 1 as
REMARKS: We--
No, Of Pages:
From:
CO:
FAX#: [phone]
127 Cnrdinnl Drive Exten®ion, Wilmington, N.C, 284053845 Tcicphone [phone] Fax [phone]
An 12qual Opportunity AtPrmntive Action Employer

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
September 5, 2000
H & R Towing Company
P. O. Box 947
Wrightsville Beach, NC 28480
Dear Sir
Theenclosed pemutconstitutesauthonzationundertheCoastalAreaMmagementAct, and where applicable,
the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is
retained by you and it must be available on site when the project is inspected for compliance. Please sign both the
original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding
means you have waived your right of appeal described below.
Ifyou object to the permit or any ofthe conditions, you may request a hearing pursuant to NCGS 113A-121.1
or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of
Administrative Hearings, P.O. Drawer 11666, Raleigh, NC 27611, [phone] within twenty (20) days ofthis
decision on your permit. You should also be aware that if another qualified party submits a valid objection to the
issuance ofthis permit within twenty (20) days, the mattermust be resolved priorto work initiation. The Coastal
Resources Commission makes the final decision on any appeal.
The projectplan is subjectto those conditions appearing on the permit form. Otherwise, all work mustbe
carried out in accordance with your application. Modifications, time extensions, and future maintenance require
additional approval. Please read your permit carefully prior to starting work and review all project plans, as
approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully
understands all permit requirements.
From time to time, Department personnel will visit the project site. To facilitate this review, we request
that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise
concemirrgpemrit conditions, environmental safeguards, orproblem areas, you may contact Department personnel at
any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally
important coastal resources.
Very sincerely,
V N-
Douglas Huggett
Major Permits/Consistency Manager
DH/amw
Enclosure
MAILING: 163E MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-163a
PHYSICAL: 2728 CAPITAL BLVD., RALEIGH, NC 27604
PHONE: [phone] FAX:[phone]S
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SOqNRECYCLED / 10% POST -CONSUMER PAPER
DENR TOLL FREE HOTLINE: [phone]

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO December 2, 1996
Regulatory Branch
Action ID No. 199605587 and State Permit No. 152-96
H & R Towing Company
ATTN: Mr. Alan Rusher
Post Office Box 947
Wrightsville Beach, North Carolina 28480
Dear Sir:
Reference your application for a Department of the Army permit to
construct a pier in the Cape Fear River, immediately south of the Cape Fear
River Memorial Bridge, near Wilmington, Brunswick County, North Carolina.
Your proposal has been reviewed and found to be consistent with the
provisions and objectives of general permit No. 198000291. Therefore, you may
commence construction activity in strict accordance with applicable State
authorization and the enclosed plan. Failure to comply with the State
authorization or conditions of the general permit could result in civil and/or
administrative penalties.
If any change in your work is required because of unforeseen or altered
conditions or for any other reason, plans revised to show the change must be
sent promptly to this office and the North Carolina Division of Coastal
Management prior to performing any such change or alteration. Such action is
necessary as revised plans must be reviewed and the authorization modified.
Questions or comments may be addressed to Mr. Jeff Richter, Wilmington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
y 4L
VES
DEC 19J99
C0A614

Copies Furnished (with enclosure):
Chief, Source Data unit
NOAA/National Ocean Service
Attn: Sharon Tear N/CS261
1315 East-West Hwy., RM 7316
Silver Spring, Maryland 20910-3282
Mr. John Dorney
Division of Water Quality
North Carolina Department of
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section - Region Iv
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
Atlanta Federal Center
100 Alabama Street, SW
Atlanta, Georgia 30303
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
Mr. John Hefner
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Bob Stroud, District Manager
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
2
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LOCATION
CAPE FCgR
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PROPOSED COMMERCIAL DOCK AND DOLPHINS
IN WILMINGTON HARBOR
FOR H & R TOWING COMPANY
EAGLES ISLAND, BRUNSWICK,COUNTY, N.C.
C/o ALAN RUSHER
P.O.BOX 947
WRIGHTSVILLE BEACH, NC 28480
Page 1 of 2

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SIDE VIEW
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PROPOSED COMMERCIAL DOCK AND DOLPHINS
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FOR H 6 R TOWING COMPANY
EAGLES ISLAND, BRUNSWICK COUNTY, N.C.
C/o ALAN RUSHER
P.O.BOX 947
WRIGHTSVILLE BEACH, NC 28480
Page 2 of 2

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0 Complete Items 1, 2, and 3. Also complete
A. Signature
11 Agent
- Item 4 If Restricted Delivery Is desired.
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PS Form 3811, August 2001 Domestic Return Receipt 102595-01-M-0381
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• Sender: Please print your name, address, and ZIP+4 in this box
PERMITS COORDINATOR
DENR-COASTAL MANAGEMENT
1638 MAIL SERVICE CENTER
RALEIGH, NC 27699-1638

Project: Extension of Time
CAMA Permit 152-96
H&R Towing Company,
Brunswick County, N.C.
CHARM HOLLIS
Regulatory Consultant
138 Green Forest Drive
Wilmington, NC 28409
Phone/FAX [phone]
February 20, 2003
Wilmington Harbor
Ms. Janet Russell
N.C. Division of Coastal Management
127 North Cardinal Drive
Wilmington, NC 28405-3845
Dear Ms. Russell:
RECEIVED
FEB 2 g 2003
DIV. OF COASTAL MANAGEMENT
RALEIGH
Please reference our telephone conversation this morning and your instruction that I submit a
check in the amount of $100 for the above -cited renewal request. My Check #3480 is enclosed.
With regard to whether work has been accomplished on this project since the last renewal, I would
reiterate the background and chronology of events outlined in my letter to you dated December 16, 2002.
That letter pointed out that the dredging authorized by Permit 29-93 is planned to be accomplished prior to
the placement of piling for the dock authorized by Permit 152-96. In anticipation of all of that, H&R
Towing has procured and stockpiled some of the steel piling from which the dock will be constructed. As
the dredging moves forward later this year, the additional materials for the dock will be procured and
brought on site. But for the delays outlined in my earlier correspondence, it was anticipated that the
dredging would been completed in the year 2002, and the actual in -place construction of the dock would
have been well advanced by now. As it is, the "work" on the dock thus far consists of the purchasing of
materials for the structure.
Thank you for your assistance; please contact me for any additional information.
Encls: Check #3480
Cy: Doug Huggett
Alan Rusher
Ell
aY' -iCr�'�-6
Charlie Hollis
J� \17
FEB 2 0 2003
DIVISION OF
COASTAL MANAGEMENT

NCDENR
North Carolina Department of Environment and Natural
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director
MEMORANDUM
TO: Doug Huggett
Major Permits / DCM
FROM: Janet M. Russell
Wilmington / DCM
THRU: Jim Gregsonil(o,
RE: H & R Towing (Rusher)
Major CAMA 152-96
DATE: February 20, 2003
Resources
William G. Ross Jr., Secretary
The Wilmington Office received a request on December 16th, 2002 to renew Mr. Alan Rusher's (H & R Towing),
Major CAMA Permit for a commercial pier and dock on the Cape Fear River. A copy of the request is attached for
your reivew and files. The original permit was issued in 1996 and expired in 1999. The permit was renewed and
the renwal expired in December, 2002.
Construction has not commenced on the authorized pier and dock structure.
hi keeping with 15A NCAC 7J.0404 (Development Period Extension) we will have to recommend that the permit
not be renewed since no development has been initiated during the six years the permit has been active.
Please do not hesitate to call if you have questions.
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: [phone]\Fax: [phone] \ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity \ Affirmative Action Employer- 50% Recycled \10% Post Consumer Paper

CHARLIE HOLLIS
Regulatory Consultant
138 Green Forest Drive
Wilmington, NC 28409
Phone/FAX [phone]
December 16, 2002
Project: Combination and Reissuance of
CAMA Permits 29-93 and 152-96
H&R Towing Company, Wilmington Harbor
Brunswick County, N.C.
Ms. Janet Russell
N.C. Division of Coastal Management
127 North Cardinal Drive
Wilmington, NC 28405-3845
Dear Ms. Russell
Over the past recent years, Mr. Alan Rusher has obtained permits to improve his business, the
H&R Towing Company located on the west bank of the Cape Fear River just south of the Cape Fear
Memorial Bridge. It may be helpful to summarize the chronology of events related to these permits in
order to explain the reasons for the apparent lack of work accomplished under these permits.
First was CAMA Permit 29-93 which authorized the dredging of approximately 3000 cubic yards
of material from an existing barge slip located along the south side of the H&R Towing property. Your
records will show that the property owner to the south, (then Eagle Island Marine) now Atlantic Diving and
Marine Contractors, objected to Mr. Rusher's proposal and the permit was conditioned to address those
objections. Soon after the issuance of the permit, Mr. Rusher was notified that Atlantic Diving & Marine
applied for a dredging permit to dredge along the east side of their property to accommodate the docking of
two 125' wide x 775' long MARAD ships immediately south of H&R Towing resulting in an essentially
permanent obstruction extending 250' offshore of the southeast edge of his barge slip. Your records will
also show the failed attempts of Mr. Rusher's attorney to prevent this interference with H&R Towing.
The second permit, CAMA 152-96, authorized the construction of a dock extending 100' eastward
from the H&R Towing property. This dock was necessary to provide safe mooring during the hazardous
falling tides and the restriction of vessel maneuvering room because of the large ships docked next door.
The permit was issued on November 1, 1996 and subsequently extended until December 31, 2002. An
Easement from the N.C. Department of Administration was issued for the dock on May 15, 2000.
The anticipated phasing of the work on these permits was to complete the dredging first and the
then the dock. Preparation for the dredging began in late summer of 2001; however the Corps of Engineers
(owner of the dredged material disposal area) notified Mr. Rusher that new regulations now required that
material proposed to be disposed in areas under their management must be sampled and tested to determine
its suitability for discharge. Environmental Chemists, Inc. (Envirochem) was called on to obtain samples
and perform the testing prescribed by the Corps. Their work was completed in December of 2001 and
discussed with the Corps. After some delay in obtaining the format needed by the Corps, a formal request
for their approval was submitted on May 17, 2002. Telephone follow-up was made during the next several
months, however the Corps official in charge of these matters (Dan Small) transferred to Atlanta and no
answer was forthcoming until early this month (December 2002). I have had discussions in the past few
days with Mr. Chris Frabotta (Dan Small's replacement) who assures me that the Corps has reviewed the
testing results and will accept the 3000 yards of material o ,ni2
the Corp's Eagle
Island disposal site. 11 Page 1 111LLL::��� �U
DEC 16 2002
DIVISION OF
COASTAL MANAGEMENT

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It is now requested that the necessary action be taken to combine CAMA Permits 29-93 and
152-96 and extend the construction time until December 31, 2004. All of the previous conditions of the
previous permits will be followed and the completed project will enhance and secure a needed port service
within the Wilmington Harbor. I have not enclosed a check for a processing fee pending your advice as to
how this request will be handled. Please contact me about that or any other questions you may have.
Si
Charlie Hollis
Cy: Doug Huggett
Chris Frebotta
Alan Rusher
-EDDEC 16 2002
COASTAL
ISION OF
MANAGEMENT
Page 2

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11 & R TOWING
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LOCATION
ATLANTIC DIVING
& MARINE CONTRACTORS.
1 PROPOSED COMMERCIAL DOCK AND DOLPHINS
IN WILMINGTON HARBOR
FOR H & R TOWING COMPANY
EAGLES ISLAND, BRUNSWICK•COUNTY, N.C.
C/o ALAN RUSHER
P.O.BOX 947
WRIGHTSVILLE BEAC11, NC 28480
—1 PLAN VIEW

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EAGLE ISLAND MARINE
RICHARD CARUS
P.O. BOX 10125
WILMINGTON NC 28405�
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DIVISION OF
COASTAL MAivAGEMENT
NOTE: Approx. 8000 cu yds
dredged material to be placed
in Corps of Engineers' diked
disposal area approx. 3000' south
(See Sheet 2)
PROPOSED MAINTENANCE AND IMPROVEMENTS
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TO EXISTING BARGE/BOAT SLIP
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CAPE FEAR RIVER
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WILMINGTON HARBOR, N.C.
(BRUNSWICK COUNTY)
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ALAN RUSHER
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H 6 R TOWING COMPANY
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P.O. BOX 947
WRIGHTSVILLE BEACH NC 28480
LOCATION SHEET 1 of 2

H & R TOWING
Alan Rusher
West Side of Cape Fear
Memorial Bridge
February 13, 2003
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
March 17, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
H & R Towing Company
P.O. Box 947
Wrightsville Beach, NC 28480
Dear Sirs:
This letter is in regard to your request under the Coastal Area Management Act (CAMA) to renew
CAMA Major Permit No. 29-93 for an additional two years. Permit No. 29-93, which was issued to H & R
Towing Company on March 19, 1993, and renewed three times, authorized the maintenance excavation and
enlargement of a basin, and the construction of a bulkhead in and adjacent'to the Cape Fear River in
Brunswick County. Processing of the renewal request, which was received by the Division of Coastal
Management on December 16, 2002, with additional information received on February 20, 2003, is now
complete. Based on the State's review, the Division of Coastal Management has made the following
findings:
1) On March 19, 1993, CAMA Major Permit No. 29-93 was issued to H & R Towing Company
authorizing maintenance excavation and enlargement of a basin, and the construction of a bulkhead in
and adjacent to the Cape Fear River.
2) The permit was renewed three times, most recently on May 30, 2001, with a new expiration date of
December 31, 2002.
3) Rules governing the renewal of CAMA permits were recently modified by the Coastal Resources
Commission to further define substantial development. These modified rules became effective on
August 1, 2002.
4) In the applicant's renewal request and supporting documentation, no evidence was presented that
indicated that substantial development has been undertaken on the permitted project. Furthermore, it
appears that although approximately 60 to 80 feet of bulkhead has been installed along the Cape Fear
River, the location of the new bulkhead is inconsistent with the originally authorized bulkhead
alignment. Therefore, the new bulkhead work does not satisfy the substantial development
requirements of the Rules of the Coastal Resources Commission as they relate to Permit No. 29-93.
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone] FAX: [phone] Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity 1 Affnnative Action Employer- 50% Recycled 110% Past Consumer Paper

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5) Based upon the findings outlined above, the proposed renewal has been determined to be inconsistent
with 15A NCAC 07J .0404, which requires that in circumstances such as this, the Division of Coastal
Management may only renew a permit upon finding that substantial development has begun and is
continuing on the permitted project.
Given the preceding findings, it is necessary that your request for the renewal of CAMA Major
Permit No. 29-93 be denied. This denial is made pursuant to N.C.G.S. 113A-120 (a)(8), which requires
denial for projects inconsistent with state guidelines or local land use plans.
If you wish to appeal this denial, you are entitled to a hearing. The hearing will involve appearing
before an Administrative Law Judge who listens to evidence and arguments of both parties and then makes a
recommendation to the Coastal Resources Commission. Your request for a hearing must be in the form of a
written petition, complying with the requirements of § 150B of the General Statutes of North Carolina, and
must be filed with the office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-
6714, [phone], within twenty (20) days from the date of this letter. A copy of this petition should be
filed with this office.
Also, you should be advised that as long as this state permit renewal denial stands, your project must
be deemed inconsistent with the N.C. Coastal Management Program, thereby precluding the issuance of
federal permits for this project. The Federal Coastal Zone Management Act (CZMA) gives you the right to
appeal this finding to the U.S. Secretary of Commerce within thirty (30) days of receipt of this letter. Your
appeal must be on the grounds that the proposed activity is (1) consistent with the objectives or purposes of
the CZMA, or (2) is necessary in the interest of national security, and thus, may be federally approved.
Members of my staff are available to assist you should you desire to apply for a new permit. If you
have any questions concerning this matter, please contact Mr. Doug Huggett at [phone], extension
245.
Sincerely,
TI-
Donna D. Moffitt W
DM/dvh
cc: Mr. Eldon Hout, Director - OCRM/NOAA, Silver Spring, MD
Colonel Charles R. Alexander - U.S. Army Corps of Engineers, Wilmington, NC
DCM - Morehead City
DCM - Wilmington
Charlie Hollis

6) Based upon the findings outlined above, the proposed renewal has been determined to be inconsistent
with 15A NCAC 07J .0404, which requires that in circumstances such as this, the Division of Coastal
Management may only renew a permit upon finding that substantial development has begun and is
continuing on the permitted project.
Given the preceding findings, it is necessary that your request for the renewal of CAMA Major
Permit No. 106-97 be denied. This denial is made pursuant to N.C.G.S. 113A-120 (a)(8), which requires
denial for projects inconsistent with state guidelines or local land use plans.
If you wish to appeal this denial, you are entitled to a hearing. The hearing will involve appearing
before an Administrative Law Judge who listens to evidence and arguments of both parties and then makes a
recommendation to the Coastal Resources Commission. Your request for a hearing must be in the form of a
written petition, complying with the requirements of § 150B of the General Statutes of North Carolina, and
must be filed with the office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-
6714, [phone], within twenty (20) days from the date of this letter. A copy of this petition should be
filed with this office.
Also, you should be advised that as long as this state permit renewal denial stands, your project must
be deemed inconsistent with the N.C. Coastal Management Program, thereby precluding the issuance of
federal permits for this project. The Federal Coastal Zone Management Act (CZMA) gives you the right to
appeal this finding to the U.S. Secretary of Commerce within thirty (30) days of receipt of this letter. Your
appeal must be on the grounds that the proposed activity is (1) consistent with the objective;
the CZMA, or (2) is necessary in the interest of national security, and thus, may be federally a�
Members of my staff are available to assist you should you desire to apply for a new. it you nave
any questions concerning this matter, please contact Mr. Doug Huggett at [phone], extension 245.
Sincerely,
Donna D. Moffitt
DM/dvh
cc: Mr. Eldon Hout, Director - OCRM/NOAA, Silver Spring, MD
Colonel Charles R. Alexander - U.S. Army Corps of Engineers, Wilmington, NC
DCM - Morehead City
Frank Sheffield

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UNITED STATES POSTAL SERVICE
First -Class Mail
Postage & Fees Paid
USPS
Permit No. G-10
• Sender: Please print your name, address, and ZIP+4 in this box
PERMITS COORDINATOR p�GE�VED
DENR-COASTAL MANAGEMENT"'
1638 MAIL SERVICE CENTERMAR 21 2003
RALEIGH, NC 27699-1W.oFc0ASTAj�1eu.,,r.._.
of it,i,ii,,;itii;i,i„iti,t,t,ii,iiratii,itti,i;ittl1itttl,ii

■ Complete items 1, 2, and 3. Also complete
Item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
GW,ny 63meany
�-0• t:3Oy' 9417
L)P ; yhkSe- e Bec c.41, iV C
❑ Agent
C. Date of Deliver
✓), -XV-0
D. Is delivery address dilferent from Item 1? ❑ Yef
If YES, enter delivery address below: ❑ No
agy8o 3. eTYd Ve
ertified Mail
❑ Registered
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4. Restricted Delivery? (EWra Fee) ❑ Yes
2. Article Number
(Twsfer from service label) %O o� c�coo� ooa i g 933 3�t g
oS Form 3311, August 2001 Domestic Return Receipt 102595-01-M-03